H1B approved, not stamped yet, only starting 1st of April. Visiting on ESTA possible?

[emJ4y]

Hey there, quick question as I am confused.

My H1B is approved but I can only start with my new job 1st of April 2016. Meanwhile I might have to travel to U.S. on a visitors visa under my current job. My new employer confused me a little bit as they have told me that this might not be possible entering U.S with visitor visa after an H1B has been approved. They also told me that next time I travel to U.S. I need to start my new job within 30 days after entrance.

Can someone please help and tell me if I can travel to us before the 1st of April 2016 on a visitors visa so that it has no affect to my approved H1B?

Many thanks!

[shervin143]

Have you already got your H1B visa stamped? Are yu planning to apply for a new B1/B2 visa or do you already have one stamped in your passport?

Travelling on B1/B2 will have no impact on your approved H1B petition. There is no 30 day rule. If you enter U.S on H1B visa, then you should begin working immediately and you cannot wait for 30 days to start working.

[emJ4y]

Thanks for your answer! No, the H1B is only approved but not stamped yet. I have not been at the consulate yet.

Also, I may have confused work and travelers visa in my initial post. I actually don't have a B1/B2. I only have a tourist visa (ESTA) which I would use for the travel in November/December.

I'm not quite sure if there is really no rule like this 30 days.

[shervin143]

Then you are good. Just don't file a COS to H1B when you are in U.S while you are in a tourist visa or give job interviews (They are against the tourist visa regulation). Later when you return back to your home country, you can appear for the H1B visa. Once you enter U.S in h1B visa, you should be working and getting paid immediately to maintain the H1B status or you will go out of status on H1B. There is no 30 day rule.

Thanks for your answer! No, the H1B is only approved but not stamped yet. I have not been at the consulate yet.

Also, I may have confused work and travelers visa in my initial post. I actually don't have a B1/B2. I only have a tourist visa (ESTA) which I would use for the travel in November/December.

I'm not quite sure if there is really no rule like this 30 days.