I-129 Approved by USCIS, can I enter early?

[dillonarch1]

Just got the notification that USCIS approved I-129 for me.

1. The email notice states that the "Starting Validity Date" has already begun. However, I don't start work for another month. Is the "10 day rule" only for those applying at the border, or do I need to wait for 10 days before my start date as well? I'd prefer to enter sooner if I could start looking for apartments.

2. Do I need the original I797 approval notice (being mailed to my lawyers, which they will then mail to me) to enter?

3. Is there any chance of being rejected at the border despite being approved by USCIS? What happens after in that scenario?

 

[nelsona]

1. Since, technically, the I-129 was supposed to be for your starting date, you should be able to enter immediately. It is doubtful that the border officer will ask "when are you starting": it's implied by the approval notice.

2. You do not absolutely need the I-797, but you do need the petition number. I would prefer to carry the I-797. It is good to carry all the paperwork from your I-129 (see #3)

3. Yes, if they deem that you are inadmissible for another reason, such as criminal record, intent to immigrate, etc. USCIS doesn't check that, In rare case, the border could "readjudicate" your petition in certain categories, just like they could six months or a year down the road after already approving you, I wouldn't overly worry about it, but if you are denied entry, you are not going to "override" that simply with your USCIS petition, You would need to present a new, improved petition, or forget about it.

 

[dillonarch1]

Thanks for the info!

1. Since, technically, the I-129 was supposed to be for your starting date, you should be able to enter immediately. It is doubtful that the border officer will ask "when are you starting": it's implied by the approval notice.

My offer letter has the start date. Would that be an issue if the officer saw it?

3. Yes, if they deem that you are inadmissible for another reason, such as criminal record, intent to immigrate, etc. USCIS doesn't check that, In rare case, the border could "readjudicate" your petition in certain categories, just like they could six months or a year down the road after already approving you, I wouldn't overly worry about it, but if you are denied entry, you are not going to "override" that simply with your USCIS petition, You would need to present a new, improved petition, or forget about it.

Yikes, that sounds like a nightmare. I've heard that some categories (like management consultant) are really scrutinized but I'm going in as Engineer, reckon I'll be fine?

 

[nelsona]

It shouldn't' be, but technically, when you enter you should be "on your way to work" You can only try.

It is pretty rare, but you asked if there was "any chance". No point worrying