H1B and 10-day rule

[espoir751]

Hi everyone,

I need advice regarding 10-day rule for H1B visa. My employment start date will be July 1st, 2008, but I need to enter the US on June 15th. My B1/B2 visa has expired and the Consular Officer refused to issue a new B1/B2 once I got my H1b stamped. Please guide me how to enter the US earlier than 10 days prior to the employment start date. I have a letter from the employer indicating that I must be in the US earlier for orientation. Can I show it to the Border Officer to get an earlier entry?

Thanks in advance for your reply.

[txh1b]

DOes your I797 start on July X or did it start on Oct 1st? Why not get a new employment letter? I think you will be fine if your I797 started Oct 1st.

[espoir751]

thanks txh1b for your reply.

my I797 will start from July 1st, 2008. I don't think my employer will adjust the employment start date. And I think it will take time to change the start date on the I797.

by the way, do you have any idea about I-192 form (Application for Advance Permission to Enter as Nonimmigrant)? Can I use this form to apply for my earlier entry?

[txh1b]

That form will not help you AFAIK. You will be allowed into US 10 days before the H1b start date as per the law. I'm not aware of any workarounds around this.

[espoir751]

thank you anyway