Is issue date, enterence date?

B

BertoltBrecht

Registered Users (C)
I got my H1B visa stamped into my pass. I have an issue date as 10AUG2006.

I know that I will/can start to work at 1st October.

But can I enter USA at 1st September by using my H1B visa?

I need to organize our son's school, a new apartment, car etc. before start to work.

Do you think there would be any problem when I try to enter USA by using my new H1B visa at 1st September with my family?
 
"Once the passports are returned with valid H1B visa stamp, the Consultant and his/her family may enter the U.S. in ‘H’ status."

Is that means issue date is the date to decide to enter USA?
 
Once you have your H1 visa stamped in your passport and H4 visa stamped in your wife's and children's pp, you can safely enter US without any problem.

However, schooling admission can be done within a day, with any class, at any time of the year.
--------------------------------------------------------------------

BertoltBrecht said:
I got my H1B visa stamped into my pass. I have an issue date as 10AUG2006.

I know that I will/can start to work at 1st October.

But can I enter USA at 1st September by using my H1B visa?

I need to organize our son's school, a new apartment, car etc. before start to work.

Do you think there would be any problem when I try to enter USA by using my new H1B visa at 1st September with my family?
Click to expand...
 
You might want to check into it. From what I know, you cannot enter the country until 10 days before your valid work date. So if you are a fresh H1b, then your earliest start date can be Oct 1, 2006. So the earliest you can enter US is Sept 21, 2006.
 
frostrated said:
You might want to check into it.

From what I know, you cannot enter the country until 10 days before your valid work date. So if you are a fresh H1b, then your earliest start date can be Oct 1, 2006. So the earliest you can enter US is Sept 21, 2006.
--------- that is correct info
Click to expand...
 
I have a small paper attachment with our passports.

It is written that students can enter 30 days before school starts. But there is no information about H1B on this note paper.

If there is a restriction for entrance date, why there is no information for newbies like me in anywhere? Or why there is no field on our visa as entrance date etc.?

I will buy my ticket any I need to find a safe answer. :(
 
http://travel.state.gov/visa/temp/info/info_1298.html

"
What Does the Visa Expiration Date Mean?

The visa expiration date is shown on the visa. Depending on the alien’s nationality, visas can be issued for any number of entries, from as little as one entry to as many as multiple (unlimited) entries, for the same purpose of travel.

* This generally means the visa is valid, or can be used from the date it is issued until the date it expires, for travel for the same purpose, when the visa is issued for multiple entry.
* This time period from the visa issuance date to visa expiration date as shown on the visa, is called visa validity . If you travel frequently as a tourist for example, with a multiple entry visa, you do not have to apply for a new visa each time you want to travel to the U.S.
"

If this is correct, visa is valid by issued date.

Any idea about this page?
 
BertoltBrecht said:
I have a small paper attachment with our passports.

It is written that students can enter 30 days before school starts. But there is no information about H1B on this note paper.

If there is a restriction for entrance date, why there is no information for newbies like me in anywhere? Or why there is no field on our visa as entrance date etc.?

I will buy my ticket any I need to find a safe answer. :(
Click to expand...
It has been already answered. YOu can enter the US only 10 days prior to H1 start date. BTW, your visa stamp must be saying when the stamp becomes valid. It is supposed to say "visa is not valid before Sep 21" or something.

Since you are skeptical about it, here is the law.(8 CFR 214.2(h) (13)(i) (A))

(A) A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.
 
Last edited by a moderator:
Really getting strange!

I have called U.S. Embassy in Berlin/Germany and asked situation 3 times to 3 different person in English and German. :)

All of them said that I can enter USA anytime after issue date without any problem.

So, what can I say now? Do you think that I can buy my ticket for 1st September?

:)
 
You can buy ticket arriving at the US on Sep 1, but CBP will reject your entry and you have to catch the next plane to come back. You can try your luck if you want, though.
Consulate and CBP are different agency under different organization(DOS and DHS). Every one at consulate may not have correct answer for CBP matters.

Call them one more time and ask what 8 CFR 214.2(h) (13)(i) (A) is saying.
 
Last edited by a moderator:
This is really weird!

It is U.S. Embassy which MUST know answers for all kind of visa questions.

I also have B1/B2 visa on my pass in case of any need. If they do not accept H1B entrance, I think I can enter with this B1 visa and than will go to Canada and come back at the end of September.

Of course this is the worst case.
 
http://www.uscis.gov/lpBin/lpext.dl...b-18775?f=templates&fn=document-frame.htm&2.0

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(13) Admission.

(i) General.

(A) A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.

...
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Really weird what consulae said!

:(
 
I just checked the website(which is run by lawyer) I frequently visit and
found a lot of lines stating about entry prior to H1 start date were crossed out. 10 days entry limit is just a part of a long sentense, therefore it does not immediately imply 10 days limit was gone, but it is possible to guess some rule might be changed recently.
But if rule was changed, law must be ammended, but we still did not see ammendment on word in Title 8, so it is hard to believe 10 days rule was changed.
I think 10 days rule is still enforced.

Why don't you talk to lawyer who filed your H1B. Lawyer should have up-to-date information.
 
USCIS Website: 10 days
My lawyer: 10 days
A second lawyer of my friend: 30 days
US Consulate in Berlin: no limit, issue date is important
US Consulate in München: 30 days
US Consulate in Montreal: 30 days
US Consulate in Paris: no limit, issue date is important

Which one do I have to trust?
 
I'm curious how they answer if I asked them since when 30 days rule has been there, or visa issue data is more important. If they said it has been there such long time, I won't trust them.

If you do not have concrete answer, you can use B or VWP to set up the stuffs and then reenter the US with H stamp later on.
 
What I "feel" is that there is no "strong" rules to apply these kind of cases.

I need to show my reasons to officier and he must agree with all these at border and than no problem at all.

Our son must start to school at 4th September and I think this is a good reason why we want to enter earlier.

The worst case is of course we can use our current B1/B2 visas. We can enter with these and than a make a short trip to the Canada at the end of September. :)
 
the actual rule is the you can enter the US from the date the visa is issued. But when it comes to work visa, you can enter anytime during the validity of the work period. If you are entering prior to the work validity period, the earliest you can come is 10 days. What the Berlin and other embassy you have contacted are saying is correct. But you also need to tell them that your H1 starts from Oct 1. Your H1 period starts from Oct 1, and you cannot stay in the US under a different status.
 
BertoltBrecht said:
What I "feel" is that there is no "strong" rules to apply these kind of cases.
Click to expand...
Rule is crystal clear because that is what word of law says. Nothing overrides the law unless it is very special case and they do not honor your "good reason", unfortunately. Only thing we are not sure is whether rule has been changed recently or not.

BTW, it depends on school's policy to accept child under B1/B2 especially if it's public school. You may argue you'll pay tax soon after you becomes H1, but some school may not accept that reason. you had better contact school in advance.
 
Last edited by a moderator:
Latest news:
I called today again some places to ask same question and here answers.

USCIS Germany Office (Frankfurt +49 6975350): 10 days before
INS Washington Dulles Airport (+1 703 661 7100): Issue date is important
Vermont Service Center (+1 866 315 5718): Issue date is important

Ehhe! Getting funny!

I think for me most important one was my target airport's INS office and it is positive for me now. :)
 
You must log in or register to reply here.
Top