tariqbutt

Hello its me again.
Assuming all goes to plan I will receive my H1B in December as my visa appointment is then.
A friend of mine in Florida has invited me to something in December which I would like to attend as a tourist. This would be before commencing my employment in the US next year and I would be leaving the US in between the trip and returning for employment.

If I travel with the H1B in my passport, would I travel on the H1B? Or would I apply for an ESTA and tell the immigration person to ignore the H1B since I am not commencing employment yet?

Secondary question, if I visit my friend in November before I get my H1B I assume this is fine and would be a simple case of travelling on an ESTA?

civilservant

If you are otherwise eligible for the ESTA, then that is the appropriate way to go, since you will not be conducting any work during that trip. No, there will be no issues with entering on ESTA for your H1B.

That's the same question as the first one

tariqbutt

Thank you that is helpful
haha they are similar but to be clear in the first case the H1B visa will be in my passport.
In the second case it will not.

I presume the second case is more straightforward, but Im wondering in the first case can I enter on an ESTA despite the H1B having already been issued.

robtuck

I travelled on an ESTA a month before we moved on the L1A - had a two week holiday that we had pre-planned and decided to keep. The Visa was in our Passports about a week before we flew out on the ESTA and didn't cause any issues when we went through immigration.

tariqbutt

Thank you that is good to know

S Folinsky

YMMV. The border guards have a lot of discretion.

tariqbutt

Thank you good to know. Would this typically, or even very occasionally, be something they are known to be fussy about?

tariqbutt

Related question to this:

Assuming a visa interview is successful (for H1B) how quickly would I likely get my passport back?
I realise they state 7 to 10 days, but Im wondering what is a realistic number of working days that others have experienced?

civilservant

Never book travel until you have your passport in hand. That said, I would give it at least 2 full weeks before expecting it's return.