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Cirumventing Oct 1 start date

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  • Cirumventing Oct 1 start date

    Hello Everyone,

    I am posting this message in the hope that someone currently/previously in a similar situation can provide me with a creative solution to what has become a very perplexing and upsetting problem.

    I was very grateful to have successfully received an H1B for FY2008. As you are all aware, the H1B commences on Oct 1, 2007. However, I MUST be in the US by early Sept to commence my firm's training course.

    My firm had initially focussed on obtaining the H1B and left securing an initial entry visa until now. After discussions with legal counsell, HR informed me that there is no visa category that is suitable for getting me into the US legally 3 weeks prior to Oct 1. They explained visas such as the B1 or B2 would jeopardize my H1B becasue they require an intent to return to the applicant's home country. They also ruled out a J-1, because of the possiblity of the home residence requirement that requires the applicant to return to their home country after training is complete (although a previous J-1 that I had as an exchange student did not have this requirement).

    I am at my wit's end trying to figure out a solution by myself and am thus seeking the kind assistance of anyone out there who may have some invaluable insights to share.

    Thanks in advance for your time, your help is much appreciated.

  • #2
    the legal counsel is right you will be turned back .... if you enter more than 10 days prior to Oct 1.

    and B1/2 is not a solution as that too will require a travel abroad or COS before your H1 comes into picture.

    It is possible to apply for B1/2 based on the need if the proper documentation in place, but your status wont automatically change on Oct 1.