Re-Entry on an Esta after O-class expiration

Hi All

Firstly I have read the previous topics I could find about re-entry on an Esta on this board but I hoped to have some specific information relating to this situation

An o-class visa of a colleague of mine just expired. He left the day before it expired and flew back to the UK.

He needs to go back to the US as he has younger siblings there (16 / 19) and doesn't have too much work on for the next 2 months so wants to spend quality time with them.

He intends to go back 4 weeks after his O-class expired, on an Esta and stay for 2 months. After 2 months he would hopefully be getting a new o class visa to continue his work there (He doesn't get so much chance to see his siblings when he is working).

Is this going to cause problems? What is likely to happen? Any advice regarding the situation appreciated.


Many thanks!