ssrpk
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My lawyer informed me, that once H1b visa is issued from the local consulate, I will be allowed entry into United States no more than 10 days prior to my start date, since most residency starts on July 1st , does that mean no one on H1b can enter prior to June 20th???
can you please clarify bbb?
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| Justice
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I am not bbb, but I can confirm that... I had this issue 5 years ago...
On J1, you cannot enter earlier than 30 days...
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| paheli
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What happens to the orientation? Do you miss the first part?
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| sarvesh
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Yes, thats true. Me too informed by our attorney. It is also mentioned on their website.
Qn. 45, ' My H1B Employment Petition (USCIS Form I-797) shows an employment start date. How early can I apply for an H1B visa at the Consulate?
You may apply for an H1B visa as soon as you receive the Form I-797, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa and have applied for a revalidation.'
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| motorola
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hey can more people confirm this number 10 days because i have heard numbers ranginf from 1 to 3 weeks.
i have also heard that if the program has a cumpolsary orientation, the immigration officer may allow earlier entry if one has an official letter from the program ?
for example my PD wants me to join on the 9th of June ! can others post their experience here too for everyones help.
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| bbb
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We have never had luck with getting persons in for orientation unless those dates were the start date for the visa. Then we ran into trouble because the visa was for three years, and then the resident had to leave residency early.
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| drshvetasm
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but most of the people have a visitors visa right....can they not enter like for purposes of finding accomodation and other living arrangements...go to somewhere close like canada for a day and re-enter on H1b?
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| motorola
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visitors visa is replaced by h1b.
so going to us for arrangements-> then going to canada for h1b is ok but not many want to leave the h1b stamp till so late. so most people end up getting h1b in their countries.
but how soon before the start of residency can one enter the US is still not clear.
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| Justice
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motorola wrote:
visitors visa is replaced by h1b.
so going to us for arrangements-> then going to canada for h1b is ok but not many want to leave the h1b stamp till so late. so most people end up getting h1b in their countries.
but how soon before the start of residency can one enter the US is still not clear.
According to new rules, the H1b processing is almost uniquely entitled to the home country embassy/consulate of the applicant... Going into Canada to get H1b visa placed into your passport may be a dangerous adventure... Remember, that Canadians do not need US entry visas, and their consulates do not process this kind of petitions on a daily basis...
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| motorola
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thanks for this info justice. any other H1b experiences please enlighten us about the time of entry in the US.
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| Moozy
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Generally program would give the start date as the date of orientation. So you can come in time. My I-797 date was 12 June as the orientation began on 12th and we got paid from 12th June.
And it is true that one can not enter into US more than 10 days prior to issue date.
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| motorola
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hey moozy
1) Does this mean your H1 visa started 12th June and ends on 11th June (6 years from now) and if yes wont that be a problem if you want to start a fellowship as soon as residency ends ? becayse you will be short
2) Or does it mean your visa started 1st July but the immigration officer let you in on 12th June because you had a letter stating orientation ?
3) How much before the H1b start date did you enter the US and what proof did the immigration officer ask you to show in order to let you in?
thanks
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