activa

I've got an approved H1B petition to start working in the U.S. on October 1st this year. If my information is correct, I can enter the country on H1B up to 10 days before the start date (so that would be September 21st).

What I really would like to do is take a 4 to 5 week holiday (or "vacation" as they say in the States) starting in August. I definitely wouldn't be working. That would allow me to find a place to live and get in touch with the local school. I think it's important that my children can start school as soon as possible (although they probably wouldn't be allowed to start until October 1st).

Anyway, my questions are:

1) Is it allowed to take this holiday before the H1B takes effect and enter the U.S. on VWP?

2) I suppose we would have to leave and re-enter the country to get the I-94. Can this be done from Canada or do we have to go back to Europe?

3) Is there any way my children can start school before October 1st? (preferably when school starts at the end of August).

Thanks.

henryh

1. Yes
2. Yes. Canada or Mexico should work, I think.
3. Don't know - I believe the schools are obliged to accept them regardless of immigration status, but I don't know whether or not it would be an immigration violation for them to attend.

ian-mstm

You'll probably want to run this by a US immigration attorney. My gut feeling says it's illegal for the children to enter the US as visitors with the intent to do non-touristy things - such as attend school... but since schools can't ask about immigration status, it may not be an issue. When you leave the US to re-enter in H-1B status, the children must go with you so they can re-enter the US in H-4 status.

Ian

activa

Thanks for responding to my questions.

After thinking it through, I think it might be a bad idea to try and get my children in school before October 1st.

Question #2 is actually my main worry. We intend to travel to the U.S. for a few weeks before my start date anyway, but I'd like to avoid having to fly back to Europe and return a few weeks later for our "proper" H1B entry and get the I-94. That just doesn't make sense (and it's not good for my carbon footprint :-) ). I would prefer a holiday in September and start working working on October 1st without having to fly back to Europe for all the paperwork.

Does anyone have experience with this scenario?

jxv73

Cross into Canada/Mexico, turn your car around, and come right back showing the H-1 and H-4 visas.

activa

I'll be in Texas, so that would be convenient. The question is if this is a common way of doing this. Are there any potential problems I can run into? Has anyone on this forum done anything like that?

It seems perfectly legal to me, but I sure don't want to be stuck on the other side of the Mexican border with my family :-)

ian-mstm

Yes, quite common... and perfectly legal.


The only potential issue is if you are found not to be admissible to the US for some reason. Generally though, if you have an H-1B visa you won't have any problems.

Ian

activa

Thanks everyone for your input.

I think we'll travel to the U.S. early September on VWP and take a trip to Buffalo at the end of the month to get our I-94 and see Niagra Falls at the same time :-)

And who knows, when we arrive early September, the CBP officer may let us in on the H1/H4 instead of VWP. After all, I haven't seen any official document that mentions the 10 day limit for early entry on H1/H4. Is there any such document?

zerlesen

Not sure, but I have one - probably minor - point to make, namely that if you're planning to fly on a one-way ticket you may have to worry about the airline as well as CBP. They're not supposed to transport VWP people unless they have onward travel booked somewhere outside North America.

Maybe they'll just see that a visa exists and not ask whether you're actually going to be using it - the dates are quite close, after all - but I can say from personal experience that once someone at check-in realizes that they can force you to buy another ticket on the spot (at whatever price they care to charge) it can be hard to dissuade them.

Wibblypig

It actually says 'NOT VALID UNTIL 10 DAYS PRIOR TO PETITION START DATE' on the visa they put into your passport at the embassy

Niagra Falls are lovely, especially from the Canadian side

activa

The rumor must have originated somewhere

I got you

activa

I see your point. But... a one-way ticket is about twice as expensive as a return ticket

zerlesen

Ha, well, if you've got a return ticket then that won't be a problem. Some airline pricing models are very weird but one certainly can sometimes find one-way flights for less than - and, once in a blue moon, half of - a return fare. I read something once claiming that buying a return ticket with the intention of only using the outbound portion is a violation of the terms and conditions of the ticket, which is hilarious.

Scotskiwi

I recently got my H1B stamped at the consulate general in Auckland, NZ, and this line doesn't exist in it. Have the laid back kiwis just screwed this up? Reason I'm interested is I was planning the same thing as activa. Failing that, my girlfriend (US Citizen) can head over and do all that boring planning stuff for me