One of the most universal H1B dilemmas when making a move to the US is when and how to activate the visa. Some take a quick trip in over the border simply to have the status stamped and then back out to their native country until the actual move date. But is this a good move?
Activating an H1B without an immediate US stay can be problematic. Border immigration officers may suspect the reason for the entry. The H1B for employment and residence in the US, and applying it to an activation trip where there is no immediate stay could be construed as abusing status.
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The other risk is the chance of complications during the ultimate move. If an officer questions the validity of the previous activation, it may cause problems when finally re-entering permanently. Even in certain instances, officers have denied entry or sent travelers for additional inspection.
A safer option would be to enter the US on a tourist visa or visa exempt status if eligible, taking care of logistical arrangements, and then converting to H1B when ready to remain in the country permanently. Inquiring with the moving company for potential workarounds, such as utilizing visa approval papers rather than entry evidence, could also be useful.
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In the end, border judgements are unpredictable. Some officers will approve it without question, while others will interpret it as an attempt to circumvent immigration regulations. Any activity that generates uncertainty on visa purpose can cause undue complications.
H1B holders already have to go through a complicated process. Taking the safer path ensures fewer chances of going wrong and easier transition once the time comes for a permanent transfer.
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