Urgent about h1B and entering the States

[alessio]

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\

[kkinusa]

you can try to enter on h1b, the entry officer will determine if thats allowed or not.

you can enter on other visa and apply for adjustment of status or cross over the border and enter on h1b ,, this is possible

[alessio]

you can try to enter on h1b, the entry officer will determine if thats allowed or not.

you can enter on other visa and apply for adjustment of status or cross over the border and enter on h1b ,, this is possible

thanks for your answer!
my doubt is: is that up to the officer (at the customs) or it is strict that I have to enter on or after August 12, and not on august 11 night? And what if I give him my H1B Visa stamp and he says "No. it does not work?", in that case can I use the ESTA? or I should decide at the departure which Visa to use?
I am only afraid that this might jeopardize my H1B (which I can't afford at all!! ).

Also, assuming that I enter with the ESTA, is that completely legal and ok or the officer might question me once he sees that I have a H1B Visa stamp that allows me to enter exactly the day after I enter with the Esta??

Thanks,

Alessio

[inadmissible]

With flight delays and the wait for baggage, you may very well end up facing the CBP officer after midnight.

You don't have to decide which visa to use before boarding your flight. I can understand the desire to file for ESTA as a backup.