tariqbutt

I posted here before about whether it was possible to enter and leave the US as a tourist (visa waiver) with a H1B in ones passport.

However I have a new dilemma. For various reasons I have realised I am actually not eligible for an ESTA. I also do not have time to get a tourist visa. I was planning to take a vacation in the US in december.

I do now have a valid H1B in my passport. However I was not intending to commence employment in the US until January. My question is, could I use the H1B to visit and leave the US in december without commencing employment? If not, could someone explain what the reason this would not allowed? (Is it that you must commence employment when you first enter on a H1B?)

I will likely cancel this trip if there is no easy solution, but I thought I should ask this in case Im overthinking this and using the H1B is fine.

civilservant

I believe you can only activate an H1B 30 days prior to starting your job in the US. Assuming you are going to be employed within those 30 days, you would be ok.

EDIT: It may only be 10 days. I'm trying to find the actual law.

tariqbutt

Thank you that is useful. Secondary question would be, is there any disadvantage to entering the US on a H1B earlier than otherwise. For example does that mean I am running down the clock on my visa? Or is that not how the clock on my visa works? Im never sure how the 6 year timeframe of the visa is counted (does it only count the days spent in the US or would it use up a month because I entered the US a month early). This may be a moot point if I need to start the job within 10 days.

S Folinsky

Hmm. I recall that you previously found it important under the national interest exception COVID travel ban that a denial obviated VWP eligibility.

I do find your posts of interest.

In your prior threads, there was mention that an attorney was involved. Have you asked her?

tariqbutt

yeah you are right. I was as surprised as you are to be honest. I have a flight booked and everything for next week.

Anyway I have a call with my lawyer tomorrow so hopefully Ill get clarity on everything then.

S Folinsky

It should be noted that “clarity” may not be forthcoming. Immigration law often has a certain degree of fuzziness and the course of action may be a judgment call.

newacct

8 CFR 214.1(l)(1):

civilservant

Thanks I got busy with work yesterday and forgot to return to this!

tariqbutt

Lawyer advised me to cancel the trip. There was more detail than that, but that was the key point.