Port of entry issues

S

SuddenStar

New Member
Hi,

I had attended H1B visa stamping interview on with a client letter and letter from employee stating that the start date of my project is DateX. I am currently working with another company in India and i need to give a notice period of 3 months to resign from this job. For the same reason,
Q1) Can I enter US on a date after DateX that is indicated as my project start date or will I be rejected at the port of entry?
Q2) If after entering US, I start working with a different client under the same employer, will that be a problem later during my greencard processing?

Thanks in advance for your advise.
 
SuddenStar said:
Hi,

I had attended H1B visa stamping interview on with a client letter and letter from employee stating that the start date of my project is DateX. I am currently working with another company in India and i need to give a notice period of 3 months to resign from this job. For the same reason,
Q1) Can I enter US on a date after DateX that is indicated as my project start date or will I be rejected at the port of entry?
Q2) If after entering US, I start working with a different client under the same employer, will that be a problem later during my greencard processing?

Thanks in advance for your advise.
Click to expand...

The question is - if you didn't have the 3 month notice problem, could you start working for the U.S. company as of the start date that was originally agreed?
If yes, then my advise it to just break the contract with the Indian company and if necessary compensate them.
If you can not start in the U.S. as of the originally agreed date - then your best bet is to obtain a letter dated close to the date when you plan to enter the U.S. saying that you plan to start working on (the revised start date). It is a bit problematic, because your I-129 petition stated date X - it's one of the questions there, but it doesn't cause any harm so the port of entry people shouldn't stop you. The only serious question they may have is "is this person really planning to start working for this employer if they missed their start date X as per the original documentation". So be sure to get a letter with a revised start date.
 
isnt all employment at will, in which case your indian employer cant do much if u tell them ur leaving effective immediately.
 
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