oliali

I do not understand. I read somewhere that the ESTA and the H1b (already stamped) can actually coexist. I was not thinking on change my status. I mean. If I enter with an Esta (completely legal right?), and then I exit (go to canada) after a couple of days, this is still legal I guess. Now, at this point if I re-enter the States (from Canada), but this time with my (already stamped from Italy) H1B Visa, wouldn't that be completely legal? I cannot understand what is the unlawful part.

I am not doing that in order to work illegally, not at all, since I will have an H1B that will allow me to enter in the states starting from August 12. I am doing that because of this problem with the flight ticket.

Anybody had experience with similar situation? i have heard of many people that, assuming that they have to start their job in the states with an H1B on october 1 (which means you can enter on September 21), they just enter the Sates weeks earlier with an Esta (and their h1b already stamped), spend some time in the states, then on September 21 they go to Canada and re-enter with the H1B. Is that Illegal? I wonder how that could result as an attempt of illegal immigration, since you have an H1B visa stamped on you passport and are entering the states with that!

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,

Alessio\