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E3 Visa - entering the US more than 10 days prior to official start date

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  • E3 Visa - entering the US more than 10 days prior to official start date

    Hi all,

    Here's my scenario:

    - I'm an Australian citizen
    - I've been issued an approved E-3 visa
    - The Start Date for my role in the USA is mid-January 2016
    - I currently live in Canada on an Open Work Permit

    Today is December 15th and as I have wrapped up all job responsibilities etc.... here in Canada, I was planning on doing a road trip from East coast Canada (where I currently reside) through to the West coast US (where I am relocating to) over the next couple of weeks. This would mean I arrive in my new city where I will be working with a week or so spare prior to my start date to allow my wife and I to get settled in. Other than being a great holiday over Christmas and a nice "in-between jobs" break, it will also allow me to transport some personal belongings rather than pay excess baggage fees through an airline.

    The problem/question:

    - If I start the trip now(ish), I will be entering the USA around 4 weeks prior to my official start date.
    - The rules I am aware of dictate that I cannot enter the US until a maximum of ten (10) days prior to my start date.

    My initial thoughts are that I could enter as I have done many times under my ESTA, which would then necessitate leaving the US prior to my start date (fly to Canada) and then return to initiate the E-3 visa, which would mean extra cost but may be somewhat of a solution.
    - my concern with this approach is when I arrive in the US initially, I already have my approved E-3 visa attached in my passport. Is this going to cause an issue if I say to the CBP official that I am not looking to activate that on this entry, and am only looking to enter under ESTA?

    My other thought was to just attempt to enter and explain my reasons for the extended time frame (i.e. longer than 10 days), being the transportation and time to relocate and drive from East to West coast.
    - my concern with this approach is that if i happen to get a CBP official on a bad day, would they potentially reject me and I would then have to say I have been rejected entry to the US on every application form going forward (which will no doubt be a major headache!).

    I feel this might be a bit of a unique situation, but it would be great if anyone has any insight or experience with this.

    Thanks in advance!

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