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Immigration Q&A - September 27, 2009 Q1: Visa Waiver Entry Prior to H1B Start DateMy H1B visa was approved in June 2009 and my employment was supposed to start October 1, 2009. Due to slowing business at my company, my boss asked me to start in January rather than in October. The problem is that I already have a lease on an apartment and I would still like to come to the US in October. Can I do that using the visa waiver program? There are no regulations that would bar you from attempting an entry through the visa waiver program or with a B1/B2 visa. However, you will need to justify your entry as consistent with an entry for tourist of business purposes. The CBP officer that interviews you will have discretion to deny your entry if he or she believes otherwise. Q2: Applying for an H1B Visa While in Visa Waiver StatusI'm from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company. Can I stay here while my H1B is been processed? We can get the H1B approved in the US but because you entered through the visa waiver program, you are not allowed to change your status. Therefore, after we get the H1B approved, we will need to send you to a US Consulate for visa stamping. This can be done in Canada or Mexico or, if you prefer, you can return to Italy to get this done. We prefer to go for visa stamping in Canada and we have had great success with that route. |
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The Messersmith Law Firm, P.C. |
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