H1 - VISA done - New H1 Petition - Entry to U.S

Hello Experts,

I have a couple of quick questions about VISA and entering to U.S.

I have H1-B VISA stamped with Employer A (Without I-94) and that Job doesn’t start until Next month. And I have another job offer with Employer B who is ready to apply H1 under premium processing and the job starts within 2 weeks.

  1. Could I enter USA with my VISA stamped for Empl A, but Show Approved Emp B petition at POE? (Not sure if H1 petition with Emp B can be filed as extension of stay, Please correct me, if I may have confused here)

  2. Also, when is the earliest I can enter USA , I heard 10 days before the Job starts. But when is the latest, like if I want to enter lets say 3 months later, Will that be a problem at POE ,asking why did I get VISA stamped earlier?

Please let me know. I appreciate your time and answers in this regards.

Thank you.

  1. B needs to file cap-exempt petition for you. It won’t be extension of stay as you are not inside US. You can enter US on A’s visa stamp and B’s petition. Make sure to show B’s approved petition at PoE as by default they would pick A’s petition for you.

  2. You can enter as early as 10 days prior to H-1 start date. So if H-1 petition starts on Oct 1, you can enter on or after Sep 20th. However you cannot start to work until Oct 1 in this case.

Thank you Saurabh for your response. I was on H1-B previously and my petition approved date was in March '16. Also, as this is already cap-exempt H1, I guess I can start working as soon as my employer gives me a green signal if its even before October 16. Please correct me if I may be wrong. Appreciate your time in this regards

Yes, in that case you can enter as soon as B’s petition has been approved. You can avail PP to get a quicker result.