H1B - Entering 3 hours before the actual date stamped on the visa?

[oliali 0]

Hello,

I find myself in a curious (and maybe annoying ) situation with my H1B Visa.
I work for a University in the States who petitioned for my H1B Visa.
The employment officially starts on August 22 and, according to the lawyer, I would not be able to enter the States prior to August 12 , tendays before.
Now, it happens that - for a mistake - I got my flight back to the States (I am already in the States and I am going back to Italy to have my visa stamped) scheduled for August 11, with the arrival at the JFK airport at 9.45 pm.
My question is, would they allow me to enter in the states less that 3 hours before the actual August 12? Or, do you think that the Flight company would not let me depart at all from Milan, with transit in Dussendolf?
Rescheduling my flight is impossible (they ask me for a 550$ fee!!!)

Alternatively, I was thinking to get a ESTA (tourist visa), enter the states with that, cross the Canadian border after a couple of days (I live in Erie, just 2 hours from Niagara Falls) and then re-enter the States the same day , but this time with my H1B that would be fully working.

This is a weird situation, hope you can give me your advice!

Thanks,

Alessio\

[canadian_wife 1,822]

Essentially it is all up to the CBP at the time of crossing. May be a non issue, or may be a bad day for the officer who intends on following the strictest rules.

Good luck

[jan22 3,055]

Your ESTA plan will most likely not work. Leaving the US for a short trip to Canada does not turn off your ESTA entry -- and you cannot change non-immigrant visa status from ESTA. On both your original entry and yu attempted entry from Canada, you have a VERY strong likelihood that the immigration officer will see through your scheme and deny entry, which would end up costing you at least an entire new plane ticket, at best; at worst, it could result in a finding of misrepresentation, revoked visa, and a permanent bar from entering the US. And, for the "few days" that you are in the US you wouldn't even be able to take up your new job anyway. Is it really worth taking the risk for the cost of changing a ticket, even if it is expensive? It's less expensive than potentially messing up your new job and/or future.

[oliali 0]

I do not understand. I read somewhere that the ESTA and the H1b (already stamped) can actually coexist. I was not thinking on change my status. I mean. If I enter with an Esta (completely legal right?), and then I exit (go to canada) after a couple of days, this is still legal I guess. Now, at this point if I re-enter the States (from Canada), but this time with my (already stamped from Italy) H1B Visa, wouldn't that be completely legal? I cannot understand what is the unlawful part.

I am not doing that in order to work illegally, not at all, since I will have an H1B that will allow me to enter in the states starting from August 12. I am doing that because of this problem with the flight ticket.

Anybody had experience with similar situation? i have heard of many people that, assuming that they have to start their job in the states with an H1B on october 1 (which means you can enter on September 21), they just enter the Sates weeks earlier with an Esta (and their h1b already stamped), spend some time in the states, then on September 21 they go to Canada and re-enter with the H1B. Is that Illegal? I wonder how that could result as an attempt of illegal immigration, since you have an H1B visa stamped on you passport and are entering the states with that!

Edited June 10, 2015 by oliali

[jan22 3,055]

Technically, to turn off your ESTTA entry, you need to leave the US and its contiguous territories (Canada, Mexico, and the Carribean). You are still considered as being in the US until you do so. So -- when you go to re-enter the US after a day trip to Canada, you resume the ESTA entry. While some officers may not enforce this, it has happened and is technically the regulations. While on an ESTA entry, you cannot change your status -- thus, you could/would/should be re-admitted under the same B2 status. Not saying some officers don't ignore this, but you can't guarantee that. The other issue would be the initial entry -- the officer could easily decide that your real intent is to enter the US to work -- since there is clear evidence of that via the H1B. IF so, your entry could be denied right then, and a trip to Canada would be moot.

The time of entry, BTW, is counted from the time you reach the immigration officer. You could always hope the plane is late, take your time walking to the immigration lines, stop for a cup of coffee (depending on the airport -- some have amenities prior to immigration, some don't), hope for long immigration lines and let people go in front of you to kill a few hours and make you entry on the first day of visa validity.

[Boiler 45,499]

I was also thinking of the taking your time and entering at 00.01am

[Mollie09 1,543]

I would just hang out before immigration. If anyone asks you can tell them, they might tell you to just go ahead.

Seems really arbitrary at that point, but I think worst case is they make you wait.

[KierenHby 899]

Unless flight delayed couple of hours, be one of the last off the aircraft, then enjoy artwork in the airport restroom till 11:45.

[tayurshu 37]

Have you thought about having a little kip/rest before passing immigration?

DFW POE has a few benches (not sure where your POE is) before immigration hall. 3 hours is NOTHING, just wait it out, problem solved.

[MUXAGIRL 69]

Killing time before you reach immigration officer is your best bet. However be careful about hanging out in the rest room for hours, can look suspicious ;-)