H1B Port of entry-travel only 10 days before 1st October??????

[Samsung123456]

Hi All,

I got H1B visa stamped on 14th Au 2013. In the visa it says that visa issue date-14th Aug 2013. My I-I97 says start date on 1st Oct 2013.

Some of the websites says that I can only travel to US only 10 days prior to 1st OCT. None of the US gov websites mention about this 10 days issue.

My question is can I travel to US on 14th of Sep?

[raghvi]

USCIS law:

A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.


Sec. 214.2(h)(13)(i)(A)


The DHS may admit the H-1B alien to the United States for a period up to 10 days before the petition approval start date .



Questioner: Am I correct in understanding that if they travel internationally, they cannot return on the NEW H-1B visa stamp until 10 days prior to October 1, 2007, at the earliest and would not be eligible to work on the H-1B until 10/1/07?

•Response: Unless there is a basis for admission in some other NIV category, yes.



This is my opinion not legal advice.