I recently got my H1B visa approved at the Delhi Consulate. After receiving the visa I saw the annotation “Not valid 10 days prior to valid petition”. The petition # printed on the visa is the extended petition valid 2 months later (mentioned in DS160). I already have a current valid petition from the same company that is expiring before 2 months which I didnt produce at the visa interview
The question is whether I’m allowed to board the flight and clear immigration at POE if i choose to travel before the annotation date. My attorney gave confusing responses and one of them was to just talk to the CBP officers at POE. I request for help from more knowledgeable members
Ideally you should have presented current and extended petitions to the CO during your interview.
Because your visa already have annotation, I dont think you will be allowed to enter until 10 days prior to your start date on the petition.
You can double check with CBP via email or phone call.
There is no standing rule regarding these circumstances defining what to do. My attorneys said only the latest one should suffice. Although I did carry both petitions, my mistake was waiting for them to ask me the document. They never asked and i never produced. This kind of annotation is like cats play with the mouse, because they know its not my fresh entry into the US, infact VO asked me how long i’ve been working for this company and where i was living in the US. It doesnt make any logical sense. Post this, I have emailed the embassy asking for clarification and also did email CBP simultaneously. And the update till date is that the embassy is still processing my request and CBP is yet to register my ticket. The fact that the issue date on the visa is already Feb 2023 and expiry 3 yrs later and the annotation says “petition validity date” and doesnt mention the petition# it is associated with and the petition actually being an extension of the current petition, I have some hope
Entry happened without hassle. After thinking and asking few simple questions CBP officer let me in
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I am in the same boat right now. Curious: Did the airport officials create a problem? I once had the airport people not letting me board the flight as they were hung up on some details…and after 1 hour let me in.
Also, what sort of questions did the CBP officer ask?
I had to make a point that the petitions were continuous without any break before the validity of the visa started. Rest were run of the mill questions. It all comes down to the officer and what they are looking for
But did airline officials cause problems?
I came on AI. They didnt ask me 1 single question, although they took fairly long time to verify few things behind during baggage checkin. I had gone an hour earlier than usual just to give more buffer for any kind of arguments and clarifications. Next hurdle was at the immigration. I saw a guy who had a bunch of documents in his handles given rejection to exit. Wasnt much arguments there (seemed like he was already expecting that or had little hopes). That got me worried. But the officer didnt ask me anything much. Next hurdle was after I landed at the POE. Just be ready to make your points and hope for the best
BTW, nothing happened. Noone asked me anything. I worried for nothing at all
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Glad that you faced no issues! Good luck 