logiclife
02-01 02:16 PM
Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
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japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
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nyte_crawler
04-02 04:26 PM
Its simple. If your priority date is <Year> then you wish it to be in <Year> and you predict to be so and say that the rest of the categories will not move.
techskill
06-23 09:56 PM
I wrote NEBRASKA SERVICE CENTER
Section 11 has been created for you to tell them abt last EAD APPLICATION.
Keyword here is "application".
So in the Date I wrote the EAD application date and not the recept date.
This can be found on the last EAD receipt notice.
You are already sending them a copy of front and back of current EAD, where they can find on which date the EAD was approved etc.
Most cases Ideally current immigration status is "I-485 ADJUSTMENT OF STATUS PENDING".
I entered on an L1 5-6 years back. so I wrote manner of last entry as "TEMPORARY WORKER (L1)". Yes I have not reentered USA since then. Ha Ha.
My office mate reentered recently using AP and he wrote, also as per our lawyer, to use the word "PAROLEE"
I have a Question on the "Date" after the "Which Service Center?" in the EAD renewal.
My 485 & EAD original application was sent on July 26th 2007 and my notice date was Aug 28th 2007. (i.e USCIS cashed my check on Aug 28th 2007).
Based on the original application date i have pay the filing fees for my renewal. So what date shud i mention in that column.. Notice Date or the Receipt date?.
Because if i write the notice date then what about the filing fees.
My application was sent before the fee hike on July 30th 2007.
Thanks in Advance
Section 11 has been created for you to tell them abt last EAD APPLICATION.
Keyword here is "application".
So in the Date I wrote the EAD application date and not the recept date.
This can be found on the last EAD receipt notice.
You are already sending them a copy of front and back of current EAD, where they can find on which date the EAD was approved etc.
Most cases Ideally current immigration status is "I-485 ADJUSTMENT OF STATUS PENDING".
I entered on an L1 5-6 years back. so I wrote manner of last entry as "TEMPORARY WORKER (L1)". Yes I have not reentered USA since then. Ha Ha.
My office mate reentered recently using AP and he wrote, also as per our lawyer, to use the word "PAROLEE"
I have a Question on the "Date" after the "Which Service Center?" in the EAD renewal.
My 485 & EAD original application was sent on July 26th 2007 and my notice date was Aug 28th 2007. (i.e USCIS cashed my check on Aug 28th 2007).
Based on the original application date i have pay the filing fees for my renewal. So what date shud i mention in that column.. Notice Date or the Receipt date?.
Because if i write the notice date then what about the filing fees.
My application was sent before the fee hike on July 30th 2007.
Thanks in Advance
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sj2273
08-20 09:09 AM
Sent emails to:
Senator Carl Levin (D- MI)
Senator Debbie A. Stabenow
Senator Carl Levin (D- MI)
Senator Debbie A. Stabenow
more...
prioritydate
11-09 10:25 AM
msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.
I hope the festival of lights would enlighten you and remove the darkness called ignorance from you.
Happy Deepawali everyone. :D
I hope the festival of lights would enlighten you and remove the darkness called ignorance from you.
Happy Deepawali everyone. :D
spicy_guy
08-11 12:38 AM
Come on EB2 guys, even if it were to be real, you should be happy about it. 2 months moved forward. Then imagine EB3 I. :confused:
more...
qasleuth
05-02 02:37 PM
Ok , it may not be right thread to discuss everything here... but
What I am saying is, instead of spending N years waiting for GC, I guess we lead better life elsewhere!
Where else, in our home country... but that reminds me of descremenation again!!
So I thought of place which is not in high demand yet... africa...!
I always believe in making things happen, in stead of waiting for someone doing it for me!!
hebbar77,
Firstly, you are making an assumption that everybody here is from India. Secondly, justifying your statement by giving simplified explanation would not suffice. You suggested buying a country in Africa alluding that countries are up for sale which is quite insulting as suggested by an earlier poster.
What I am saying is, instead of spending N years waiting for GC, I guess we lead better life elsewhere!
Where else, in our home country... but that reminds me of descremenation again!!
So I thought of place which is not in high demand yet... africa...!
I always believe in making things happen, in stead of waiting for someone doing it for me!!
hebbar77,
Firstly, you are making an assumption that everybody here is from India. Secondly, justifying your statement by giving simplified explanation would not suffice. You suggested buying a country in Africa alluding that countries are up for sale which is quite insulting as suggested by an earlier poster.
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venky321
02-15 10:11 AM
Isn't it illegal to hire out L1's as contractors? But even the large IT companies do it all the same.
more...
regacct
05-06 08:57 AM
This is awesome! Very well put pappu...
I couldn't attend the 2007 event, but this time around I will definitely be there. Signed up through the form.
Loved the youtube videos!
I couldn't attend the 2007 event, but this time around I will definitely be there. Signed up through the form.
Loved the youtube videos!
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BharatPremi
05-29 08:07 PM
.... Indian kids are winning. ....
No. American kids are winning.. None of them are Indians. :)
No. American kids are winning.. None of them are Indians. :)
more...
apb
08-13 02:14 PM
Bumping
hot HappyBirthdayCake.gif
canadaPR
07-21 09:18 PM
I am from India and I have worked in the USA for the last 6 years. I have immigrated to Canada with a Job 6 months back to avoid overystaying. My experience in Canada is very bad. I am a MCAD and Sun Certifitied Developer having more than 8 years experience. I am looking for a job for more than 3 months in Canada and still not able to get a job. There is lots of racism here and people are not polite. I have been regularly applying for .NET jobs and the response is very bad. Maybe because I am from India. Try avoiding Canada as much as you can.
more...
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Amma
09-22 04:11 PM
Called all, irrespective of support for this bill.
In Tamil, there is a proverb.
" Try to move the mountain by hair. If it succeeds , we moved the mountain.
If not , only .... ".
Keep calling friends. Just throw the stones. Don't worry about the results.
In Tamil, there is a proverb.
" Try to move the mountain by hair. If it succeeds , we moved the mountain.
If not , only .... ".
Keep calling friends. Just throw the stones. Don't worry about the results.
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franklin
09-12 02:42 AM
How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.
This is just so unfair.
i can not put in to words just how anoyed i am right now.
It really should not have been a surprise to anyone.
Why not put your money where your mouth is? Come to the rally to help make a big change!
Donate to the cause!
This is just so unfair.
i can not put in to words just how anoyed i am right now.
It really should not have been a surprise to anyone.
Why not put your money where your mouth is? Come to the rally to help make a big change!
Donate to the cause!
more...
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aadimanav
08-22 01:59 PM
I like your word: "guestimate" (Guess + Estimate) i.e. tukka (hindi word)
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
Think of it this way. Conservative estimations say that in the recent application rush, USCIS received 300K applications.
That is 2 year's worth of applications alone, not including those already at USCIS.
If you compound that with the asinine 7% country limit, and assume that there are MUCH more than 7% of that 300K from Indian nationality - I'd say you are looking at much longer than a 3 year wait on average. I'd guestimate 7 years.
The only way this will change is to support the DC rally. We are getting major traction and positive news on this and it's potential affects. Please do everything you can to come.
There are people offering to pay 100% of airfare, there are free buses being set up. There are very few valid reasons not to come!
Be part of history!
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
Think of it this way. Conservative estimations say that in the recent application rush, USCIS received 300K applications.
That is 2 year's worth of applications alone, not including those already at USCIS.
If you compound that with the asinine 7% country limit, and assume that there are MUCH more than 7% of that 300K from Indian nationality - I'd say you are looking at much longer than a 3 year wait on average. I'd guestimate 7 years.
The only way this will change is to support the DC rally. We are getting major traction and positive news on this and it's potential affects. Please do everything you can to come.
There are people offering to pay 100% of airfare, there are free buses being set up. There are very few valid reasons not to come!
Be part of history!
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21stIcon
02-21 09:46 AM
H1B-GC
Premium depends on your age,duration of policy(10/20/30) and place of living if you you do not have any health problems. unless you disclose your age , no one can help you on your rate comparison.
hoping you don't mind sharing your secret!():D
Thx
Premium depends on your age,duration of policy(10/20/30) and place of living if you you do not have any health problems. unless you disclose your age , no one can help you on your rate comparison.
hoping you don't mind sharing your secret!():D
Thx
more...
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freshprince
01-14 12:00 PM
HI,
My wife got her h1 approval in Oct 2007. She hasnt been on any project, nor has she received any stubs. i want her to convert to h4 again as she is pregnant. If she goes to India to get her H4 stamped what docs does she need? will there be any problems?
My wife got her h1 approval in Oct 2007. She hasnt been on any project, nor has she received any stubs. i want her to convert to h4 again as she is pregnant. If she goes to India to get her H4 stamped what docs does she need? will there be any problems?
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gc_vsc
01-16 06:32 PM
I contributed $150.00. Is there a way how far behind we are from $100K. Thanks folks I appreciate the initiative taken by the hi-tech legal immigration community.
I was wondering if we can involve http://www.competeamerica.org they are also fighting for our cause.
Finally a proposal just for legal immigration
http://www.governor.state.mn.us/Tpaw_View_Article.asp?artid=1697
I was wondering if we can involve http://www.competeamerica.org they are also fighting for our cause.
Finally a proposal just for legal immigration
http://www.governor.state.mn.us/Tpaw_View_Article.asp?artid=1697
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Cheran
01-13 04:08 PM
:)
vishwak
08-11 09:40 AM
How did this law firm manage to get hands on Bulletin before official release???
Which law firm you are talking about???
its already out in travel.state.gov
Which law firm you are talking about???
its already out in travel.state.gov
sravani
05-13 01:37 PM
Sorry to hear about such cases. We all have to realize one thing here. The employers need us equally bad as we need them (more often than not, not talking about Indian consultancies here). If ever one encounters such racial discrimination and open abuse at the work place, the best recourse is to file a complaint with the higher ups in the HR, start searching for another employer and ditch the current racist employer at the right moment with an appropriate email sent to everyone detailing why the person is leaving at such an important phase of the product development. Yeah, this might sound un-ethical, but sometimes situations do demand such drastic measures to send the right message. That's when all these racist employers would realize the importance of the person that just left the company. Then they can try to fill in the position with their preferred race qualified person and see how difficult that gets!!
Better still, please talk to your friends and family in other parts of the US and find the areas in the US that are cosmopolitan and try to move to those places. Yeah that is very difficult in the short-term, but in the long-run, you would have peace of mind and a good quality of life after making such a move. Fortunately, i am in the Bay area and i have rarely encountered such racial prejudices out here. Just my two cents.
Good luck.
Thanks for your advise and i agree with your thoughts.
I thought of leaving this company several times, but I am working in this company for 6 years and the only company I worked after coming to USA. I invested so much for this company, like working beyond work hours, working in the weekends, making up the project deadlines for the incompetitive colleagues etc. etc. and now just waiting for my Green Card. There were so many times I thought if I get my Green Card I am going to leave this moment. Years passing by and with this retrogression thing, there is very little hope of getting it soon...
The positive thing is, my direct supervisor is very nice and I can voice my opinion and she understands me and completely supports me. I am just praying god that I should keep working for her till I get the GC.
Better still, please talk to your friends and family in other parts of the US and find the areas in the US that are cosmopolitan and try to move to those places. Yeah that is very difficult in the short-term, but in the long-run, you would have peace of mind and a good quality of life after making such a move. Fortunately, i am in the Bay area and i have rarely encountered such racial prejudices out here. Just my two cents.
Good luck.
Thanks for your advise and i agree with your thoughts.
I thought of leaving this company several times, but I am working in this company for 6 years and the only company I worked after coming to USA. I invested so much for this company, like working beyond work hours, working in the weekends, making up the project deadlines for the incompetitive colleagues etc. etc. and now just waiting for my Green Card. There were so many times I thought if I get my Green Card I am going to leave this moment. Years passing by and with this retrogression thing, there is very little hope of getting it soon...
The positive thing is, my direct supervisor is very nice and I can voice my opinion and she understands me and completely supports me. I am just praying god that I should keep working for her till I get the GC.
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