How long before commencement of work can I enter the USA on a H1-B?
#1
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Joined: Nov 2011
Posts: 13
How long before commencement of work can I enter the USA on a H1-B?
Hello!
So, my H1-B visa is approved and is valid from the 20th of October. Hooray!
I'm planning on arriving in the US on the 21st of November and had originally intended a start date with my company on the 5th of December, but I'm confused as to whether this is legally possible having read about restriction on entry to the US being a maximum of 10 days prior to the "start date of the visa".
I can't see a date labelled 'start date' on my I-797B - is this the 'valid from' date?
Does anyone know if this is actually the case, and therefore would the latest I could actually turn up for my first day of work would be the 1st of December?
Thanks!
So, my H1-B visa is approved and is valid from the 20th of October. Hooray!
I'm planning on arriving in the US on the 21st of November and had originally intended a start date with my company on the 5th of December, but I'm confused as to whether this is legally possible having read about restriction on entry to the US being a maximum of 10 days prior to the "start date of the visa".
I can't see a date labelled 'start date' on my I-797B - is this the 'valid from' date?
Does anyone know if this is actually the case, and therefore would the latest I could actually turn up for my first day of work would be the 1st of December?
Thanks!
#2
Re: How long before commencement of work can I enter the USA on a H1-B?
Hello!
So, my H1-B visa is approved and is valid from the 20th of October. Hooray!
I'm planning on arriving in the US on the 21st of November and had originally intended a start date with my company on the 5th of December, but I'm confused as to whether this is legally possible having read about restriction on entry to the US being a maximum of 10 days prior to the "start date of the visa".
I can't see a date labelled 'start date' on my I-797B - is this the 'valid from' date?
Does anyone know if this is actually the case, and therefore would the latest I could actually turn up for my first day of work would be the 1st of December?
Thanks!
So, my H1-B visa is approved and is valid from the 20th of October. Hooray!
I'm planning on arriving in the US on the 21st of November and had originally intended a start date with my company on the 5th of December, but I'm confused as to whether this is legally possible having read about restriction on entry to the US being a maximum of 10 days prior to the "start date of the visa".
I can't see a date labelled 'start date' on my I-797B - is this the 'valid from' date?
Does anyone know if this is actually the case, and therefore would the latest I could actually turn up for my first day of work would be the 1st of December?
Thanks!
#3
Re: How long before commencement of work can I enter the USA on a H1-B?
If it's valid from October 20th, you can start with your new employer anytime, since it's now November 16th. The only time it becomes an issue is if you're planning on entering the US before the H1-B start date, and I think the timescale is either 10 or 14 days before the H1-B kicks in, I'm sure someone will correct me if I'm wrong on that one. So from what you say, there isn't an issue, so good luck with the new job
#4
Re: How long before commencement of work can I enter the USA on a H1-B?
The restriction only applies if you are wanting to come over before October 1st.
#5
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Re: How long before commencement of work can I enter the USA on a H1-B?
Yippee! Awesome, thanks everyone, that's put my mind at ease. Moving over right before thanksgiving is going to make finding somewhere to live/sorting everything out tricky enough without having some time before I actually start work!
#6
Re: How long before commencement of work can I enter the USA on a H1-B?
Are the company not helping you with accommodation?? Whereabouts are you moving to over here, maybe there's some local Realtor's who you could get in touch with to see what's available etc. if you're looking for a rental. We were fortunate enough to be recommended a Realtor who has worked with us since before we left the UK, she got us the rental we're in just now, and has helped us immensely in finding a new home. Good luck with it all, it's nerve wracking but exciting all at the one time, I know, been there, done that, worn the t-shirt as they say........
#7
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Re: How long before commencement of work can I enter the USA on a H1-B?
Are the company not helping you with accommodation?? Whereabouts are you moving to over here, maybe there's some local Realtor's who you could get in touch with to see what's available etc. if you're looking for a rental. We were fortunate enough to be recommended a Realtor who has worked with us since before we left the UK, she got us the rental we're in just now, and has helped us immensely in finding a new home. Good luck with it all, it's nerve wracking but exciting all at the one time, I know, been there, done that, worn the t-shirt as they say........
I'm moving to San Francisco, and I'm rather fortunate that my brother lives about an hour or so away - not ideal for a commute, but certainly better than having to hostel/hotel my way through until I find a place of my own to rent. I've been told that with SF, Craigslist is the way to go with hunting for accommodation to rent, however if anyone knows of a good Realtor there, I'd appreciate it!
#8
Re: How long before commencement of work can I enter the USA on a H1-B?
There are some members who live in SF so it might be helpful if you started a thread in the Trailer Park asking if anyone can recommend anyone in the SF area. A thread title along the lines of "Can anyone recommend a Realtor in San Francisco?" should do the trick.
You could also try: http://www.rentals.com/California/San-Francisco/ or http://www.realtor.com/homesforrent/...A/beds-3#/pg-1
You could also try: http://www.rentals.com/California/San-Francisco/ or http://www.realtor.com/homesforrent/...A/beds-3#/pg-1
#9
Re: How long before commencement of work can I enter the USA on a H1-B?
Interesting question. I do have an opinion but I chose not stick my neck out on this one under the rubric in my signature block.
Nonetheless, an interesting question -- although I have an opinion, I don't know the actual answer. This is one of those questions I would post on an immigration attorney chat board if I needed the answer.
Nonetheless, an interesting question -- although I have an opinion, I don't know the actual answer. This is one of those questions I would post on an immigration attorney chat board if I needed the answer.
Last edited by S Folinsky; Nov 16th 2011 at 1:33 pm.
#10
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Posts: 4,913
Re: How long before commencement of work can I enter the USA on a H1-B?
I suspect that everyone except Mr F is confusing two quite separate questions:
It appears that everyone answered the first question but that what the OP really wants is the answer to the second one.
- What is the earliest date that the OP can enter the US?
- Having entered the US, how long can the OP wait before actually starting work?
It appears that everyone answered the first question but that what the OP really wants is the answer to the second one.
#11
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Re: How long before commencement of work can I enter the USA on a H1-B?
I suspect that everyone except Mr F is confusing two quite separate questions:
It appears that everyone answered the first question but that what the OP really wants is the answer to the second one.
- What is the earliest date that the OP can enter the US?
- Having entered the US, how long can the OP wait before actually starting work?
It appears that everyone answered the first question but that what the OP really wants is the answer to the second one.
#12
Re: How long before commencement of work can I enter the USA on a H1-B?
I would imagine the date to start work would be the date that is on the I-797. On my OH I-797 the date is in the box under his name, on the right hand side. (I have attached a pic of the section where the date is to give you an idea where it would be on yours.
#13
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Re: How long before commencement of work can I enter the USA on a H1-B?
I guess it hinges on what the definition of 'date to start work' actually is - if it means the first day I actually rock up to the office rather than the start of the visa validity date, then that changes matters!
#14
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Re: How long before commencement of work can I enter the USA on a H1-B?
Got my husbands I-797B in front of me About quarter of the way down on the righthand side it has:
Notice Type:
Class:
Valid from ***** to *****
The valid from date is the date you can start work, you are allowed to enter the US 10 days prior to that date.
In our case it says Valid from 10/03/2011 to 10/02/2014. We entered the US on the 09/22/11 (oops, which actually was 11 days before the start date phew glad that wasn't picked up at immigration!! ), my husband then started work on the 10/03/11.
I hope that helps.
Vicki
Notice Type:
Class:
Valid from ***** to *****
The valid from date is the date you can start work, you are allowed to enter the US 10 days prior to that date.
In our case it says Valid from 10/03/2011 to 10/02/2014. We entered the US on the 09/22/11 (oops, which actually was 11 days before the start date phew glad that wasn't picked up at immigration!! ), my husband then started work on the 10/03/11.
I hope that helps.
Vicki
#15
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Re: How long before commencement of work can I enter the USA on a H1-B?
They must have changed the layout slightly as my husbands name is over half way down on the left hand side