Leo_Loves

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copied this from a previous thread as this issue was OT for the other thread.
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I thought there was only a rule that if it was pre-October, you were allowed to enter 10 days before October 1st for an October 1st start date.

So, here's what's happened:

- In September, I signed a job offer letter that had a start date as "as soon as possible after visa is approved"
- My visa got approved, I received my passport, booked my flight (for this weekend), I told my employer when I'd fly out and asked when I should start.
- My employer gets back to me and asks if January is ok as that's better for them and it gives me a few weeks in December to chill out, get things sorted and enjoy the US. I think 'great'.

I now hear that there is a 10 day rule at any time!

oh dear.

I've read one person's account which says things will be ok... but that's just one person:

""That is not a hard and fast rule. It will all depend on the immigration officer you're gonna get. In my case, I entered 2 months before the contract started and they let me in. Just tell them the truth that you'll gonna start looking for apartment, get SSN, driver's license, etc. Hope this helps.""

I genuinely could do with the extra time to find an apartment and move in / get settled prior to Christmas.

If the 10 days is 10 working days, then I am only arriving an extra 5 days early but even then, if it's a pretty hard rule, I'm stuffed.

What if I left the country and re-entered e.g. if I entered as a visitor for a week, go to Canada for a day and re-enter the US on my H1B?

Or, do I go this weekend anyway, try to enter on my H1B and if the POE officer mentions me being early, I try to explain the full situation and suggest that all I can think of is doing the above and ask if they'll make an exception?

Or, another two options:

1) show my offer letter from my employer which shows my start date as "as soon as possible after visa approval" and say I'll call them to start once I've been granted entry.

2) ask my employer if they could send me a letter asking me to come in on x day for a consultation or something (and imply that that date will be my start date?)


not sure what's risky / likely / presumptuous here

Leo_Loves

I contacted my employer and asked their advice (and to contact the immigration attorney's if needed). My employer has said this:

"use the original offer letter with your ASAP start date. You should be fine."

Am I making a mountain out of a mole-hill? I'm certainly the personality type who always presumes things will go wrong for me even when there's nothing to suggest that.

Is there any knowledge/wisdom/further anecdotes on offer, my fellow forumites?

Noorah101

This one doesn't seem to be the truth, since the employer actually HAS given you a start date in January (they've changed their minds since the ASAP letter).

If you want to do this one, the company has to actually be willing to move your start date up to that consultation date...and it sounds like the employer actually wants your start date to be in January...but of course you can ask them if you can start in December anyway, and see if they'll issue you the letter that verifies your actual start date will be in December.

Rene

Noorah101

I don't know if the employer's advice is good or not. The employer is not the one who will suffer the consequences if, for some reason, you can't get in. However, if you're still willing to be turned away at the POE, you can certainly give it a try. Seems like the other guy you mentioned was able to talk his way in, maybe you can too.

Rene

Leo_Loves

Thanks for the responses, Rene.

Hm. It seems like maybe only bad options here. For example, the 'show the offer letter with ASAP start date' option seems to me like on that might raise an eyebrow at POE and potentially a phone-call to my employer to ask them when I'm starting.

But, if the 10-day period is 10 working days, I am only 5 days early and if it's not a strongly enforced rule then surely I'd be able to discuss it with the border agent at the time and should be granted entry.

If I'm refused entry and am not even allowed to enter as a visitor (maybe because of the risk that I'll stay and start work?), I would be pretty stuffed. I can't really afford a flight back to the UK and then another one back to the US - especially as they're around £1000 right now!!

Maybe the sole sensible option here is to ask my employer if they're happy for me to work one week pre-Christmas (19th - 23rd Dec). I initially suggested this start date to them and suppose they preferred Jan 2nd because they would then not have to pay me for the Christmas week, but maybe they'd be ok with w/c 19th if I voluntarily forgo pay for Christmas week. Hmm.

Or... maybe I suggest that to them and get them to confirm and send out a letter which states as much. I could have an arrangement with them that if I'm granted entry and decide I'd rather have the w/c 19th off work if I still haven't get an apartment or need more time etc, that they're happy to give it to me? Or is that still kind of lying to the POE officer?

Ugh. Really not sure what's best here.

Noorah101

Well, the simplest solution is to change your ticket to one that arrives within 10 days of your official start date. Might cost you a couple hundred in change fees, but better than a brand new ticket if you get turned away...

Getting a new start date from your employer would be my next best solution, but they would have to make it official, and they might not really WANT you to start earlier than January.

Rene

RayM

I thought the 10 day thing only applied if you were entering BEFORE Oct 1st. This is because 2012 H1bs are valid from Oct 1st. I don't think there's a limit that applies after this. I certainly wasn't asked for an offer letter when I was admitted. The PoE officer only checked my passport and I94. He wasn't interested in any other paperwork.

caleyjag

I'd be astounded if the POE officer phoned your employer. I've never seen them do anything like that. Maybe when they take you into the side room you get that kind of special treatment.

Essentially you only have two choices.

1.) Go as planned and hope that the officer is in a good mood.

2.) Change your flight.

There's nothing you can do to influence #1 except to have your papers in order and be pleasant. I always liken it to going into a nightclub. Sometimes the bouncers are in a jovial mood, sometimes they are on a power trip.

How much will it cost to change your flight?

It's certainly not for sure that you WON'T be admitted. I've turned up at POE without my papers in order in the past (lost my I20) and they waved me through with a slap on the wrist.

Leo_Loves

Hey, thanks for the replies folks!

I'm going to ask my employer if they will send me a letter that states I can start on the 19th December or the 2nd January, so long as I let them know by the 15th December or something similar.

Without openly saying it, it will be clear to my employer that I am likely to need/want the extra time to get myself settled before starting but, should the POE officer quiz me, I'll have that letter in my bag and can explain that they're cool and they're giving me the choice.

good plan?

As I didn't book 'flexible' flights (because they're more expensive), the cost of transferring to a new flight will be the entire cost of a new ticket which, right now, is over £1k!

retzie

I would wager that they don't want you on the books this financial year, and, tbh, you would make your own life a lot simpler if you weren't. Also, as far as I've ever been able to tell, the silly season is not a good time to be looking for an apartment. It will certainly vary according to city, but you may find a lot of places won't be advertised until January anyway.

In light of this (along with, er... the law) my suggestion is to change your ticket. If you get bounced, you'll have to cough up anyway, with the added bonus of the ridiculous amount of stress it would entail. However, I would try to lever your employer into helping you out, with things like paying your first month's accommodation (if they aren't already) and/or the new ticket. Even though it may cost the same as a partial salary for December, it would avoid the (to them unnecessary!) hassle of filing an extra person's tax paperwork.

As for wanting more time to get settled - I'm pretty sure we all wanted that, but you can't always get what you want

AdobePinon

OP - No offense intended, but you don't seem the kind to hold up an elaborate fabrication at POE. Keep it simple.

Leo_Loves

I am more than capable of lying; as an everyday part of my job, I speak persuasively and with conviction. I save the bumbling-fool idiocy for internet forums
Whether I want to lie is something else to consider; in this case I'd prefer not to!

Would it be a good idea to get my employer to, in writing, offer to pay any expenses incurred should I be refused at POE due to this issue? In my initial offer letter, they agreed to pay up to $1000 for my flights (the majority of which was spent on booking my flights for this weekend).

Leo_Loves

Another point on this is that I haven't heard about this rule until now and didn't see anything to do with it on the US Consulate website during my application / DS-160 filing, appointment booking etc

If this was an enforced rule, wouldn't it be clearly communicated to applicants?

GeoffM

That employer would have to be desperate to do something like that IMHO. What's in it for him/her?

It is. Along with the other hundreds or thousands of other rules that you follow whether you realize it or not. This particular one would appear to be in 8 CFR Section 214.2 (h)(13)(I)(A), a reference of which can be found at http://www.nafsa.org/_/file/_/amresource/8cfr2142h.htm and scrolling down 80/90% of the way (section numbers on right): "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". So what is your validity period, if it's stated on the visa?

Others here have mentioned that the 10 days is excluding your first day of employment. So if you entered on day 1, you actually start work on day 11. The ten days is calendar, not working days.

The only safe way to resolve your situation, barring some exception to the rule, is to change your flight ticket to arrive 10 days prior. Yes, it's a crappy time of year to arrive, but the rules don't allow for that.

Probably misquoting Ian here but it's appropriate, how lucky do you feel? You're in a dilemma and I don't envy you a bit. But I hope it works out well.

Wibblypig

What does it say you 'Valid from' date is on your I-797? As it's 10 days prior to this date

On my husband's it says 'Valid from 10/03/2011 to 10/02/2014' therefore we were allowed to enter the country from the 09/23/2011.

Also on the visa inside my passport it says 'NOT VALID UNTIL 10 DAYS PRIOR TO PETITION START DATE'.

HTH

Vicki