Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2015
    Posts
    2

    Default Entering the United States on a H1B Visa Three Hours Before Entry is Permitted

    Hello,
    I find myself in a curious (and maybe annoying ) situation with my H1B Visa.
    I work for a University in the States who petitioned for my H1B Visa.
    The employment officially starts on August 22 and, according to the lawyer, I would not be able to enter the States prior to August 12 , tendays before.
    Now, it happens that - for a mistake - I got my flight back to the States (I am already in the States and I am going back to Italy to have my visa stamped) scheduled for August 11, with the arrival at the JFK airport at 9.45 pm.
    My question is, would they allow me to enter in the states less that 3 hours before the actual August 12? Or, do you think that the Flight company would not let me depart at all from Milan, with transit in Dussendolf?
    Rescheduling my flight is impossible (they ask me for a 550$ fee!!!)

    Alternatively, I was thinking to get a ESTA (tourist visa), enter the states with that, cross the Canadian border after a couple of days (I live in Erie, just 2 hours from Niagara Falls) and then re-enter the States the same day , but this time with my H1B that would be fully working.

    This is a weird situation, hope you can give me your advice!

    Thanks,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Entering the United States on a H1B Visa Three Hours Before Entry is Permitted

    JFK is a very busy airport. Check with the customs office to determine the hours of passport control for the night of your arrival. The easiest option may be to wait out the two hours and fifteen minutes before going to passport control. You can try earlier and see if the entry officer allows you to enter a couple of hours early, which is not outside the realm of possibility. Entry as a tourist followed by adjustment of status or working unlawfully then leaving and re-entering, seems a lot more complicated than spending a couple of hours reading a book before trying to enter the U.S., and there's obvious risk to working unlawfully after entering on a tourist visa.

    If you want to know the policies of your airline for boarding the flight, you will need to inquire with your airline.

  3. #3
    Join Date
    Jun 2015
    Posts
    2

    Default Re: Entering the United States on a H1B Visa Three Hours Before Entry is Permitted

    Quote Quoting Mr. Knowitall
    View Post
    JFK is a very busy airport. Check with the customs office to determine the hours of passport control for the night of your arrival. The easiest option may be to wait out the two hours and fifteen minutes before going to passport control. You can try earlier and see if the entry officer allows you to enter a couple of hours early, which is not outside the realm of possibility. Entry as a tourist followed by adjustment of status or working unlawfully then leaving and re-entering, seems a lot more complicated than spending a couple of hours reading a book before trying to enter the U.S., and there's obvious risk to working unlawfully after entering on a tourist visa.

    If you want to know the policies of your airline for boarding the flight, you will need to inquire with your airline.
    Hi, thanks for your answer! Actually the idea of entering with the Esta and then get to Canada and re-enter with the H1B did non imply any unlawful work, since I will not officially start working until August 22. And actually I was not thinking of changing my status, but simply get the Esta together with the H1B., and then forget the esta once I am in with the H1B. My first idea - and probably the one I would follow - was the one you suggested me. I am only afraid that the flight attendant, at the check in, would not let me board on the plane. Do you think it might be possible? or I am just overthinking?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Entering the United States on a H1B Visa Three Hours Before Entry is Permitted

    I doubt that it will be an issue, but the only way to put your mind at ease is to check with the airline.

    1. Sponsored Links
       

Similar Threads

  1. Removal (Deportation) and Reentry: Deportation Following Unlawful Entry Into the United States
    By albo23 in forum Immigration Issues
    Replies: 5
    Last Post: 11-20-2014, 11:09 PM
  2. Tourist Visas: Entry in United States on B1/B2 Visa
    By rajvinder85 in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 04-21-2012, 09:41 PM
  3. Unlawful Entry: Refused Entry to the United States
    By ali60 in forum Immigration Issues
    Replies: 1
    Last Post: 11-13-2011, 04:59 PM
  4. Refused Entry into the United States
    By ali60 in forum Immigration Issues
    Replies: 5
    Last Post: 12-12-2009, 06:32 PM
  5. Removal (Deportation) and Reentry: Re-Entering The United States After A Five Year Ban
    By love_canada in forum Immigration Issues
    Replies: 2
    Last Post: 03-03-2008, 04:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources