H-1B visa-holders being deported from port of landing!- Press Release, Not my words..

[h1bfile]

George Joseph in New York
Last updated on: January 26, 2010 02:27 IST

Several Indians who arrived with an H-1B visa at Newark and John F Kennedy airports were deported based on a new rule, immigration attorneys and activists have reported.

The new rule stipulates that those who arrive on a work visa should 'arrive at the place of work'.

The rule could seal the fate of thousands of Indians who have applied for Green Card too.
It could bring an end to consultation, termed by some as 'body-shopping'. Airport deportations have frightened those on work visas and many have canceled their travel plans, too.

"The airport deportations," Morley Nair, an immigration attorney based in Philadelphia, "have sent shockwaves through the H-1B community. H-1B employers, employees and their attorneys alike are flabbergasted by this brazen act of official highhandedness where individuals arriving on H-1B visas were singled out even before their primary immigration inspection, put through sham questioning, forced into making coercive statements, issued expedited removal orders, and sent back."

Continue More next page:

"Their crime? They landed in the US with legitimate H-1B visas to work for genuine US employers, but at a location other than the employer's office that is, at a client site or third party site," he said.

"Fifty to 80 percent of Indian H-1B visa holders come for a consulting company. Their companies will send them to client sites. The new rule stipulates that the petitioner of the visa should be present at the work place," according to Aman Kapoor, founder of **** **** **** **** , an organization working for H-1B visa holders and Green Card applicants.

Kapoor said the number of airport deportations were few as the memo from Donald Neufeld, associate director, Service CenterOperations of USCIS, was issued only on January 8. But overzealous officers at airports began to use it in no time. H-1B employees working at a client site or a third party site is a practice as old as the H-1B program itself, and is not a violation of the regulations when supported by appropriate documentation, Nair said.

"What is shocking is the disgraceful action by the customs and border patrol inspectors was triggered by an overzealous interpretation of the memo," he noted.

Read more on:

Thanks and Read becarefull of your POE when you enter in the USA.
Prashant Desai (colorado springs, CO).

[h1bfile]

Another Page..... Some more on H1B 2010...

The Neufeld memo underlines the requirement of an employer-employee relationship that would last the entire period of the foreign individual's H-1B stay in the US. In such a relationship the employer should have the 'actual' control or the 'right' to control the employee, to hire, fire, pay, and to decide when, where, and how the employee will be employed.

The focus of the CBP enforcement action is on who the actual employer is. In situations where an individual works at a location different from the petitioning employer's office, the question is whether such petitioner employer has the "actual" control or the "right" of control over the H-1B employee.

When the H-1B employee works at a client site, or a third party site, the H-1B petitioner may not always be able to exercise "actual" control over the individual's employment. But to maintain one's H-1B status and be in compliance with the regulations, the petitioner needs to prove the employer has the "right" to control, if not "actual" control itself.

This situation can be addressed with a little foresight, logical planning, and preparation and maintenance of appropriate documentation. Also, H-1B employees should be educated on how to answer questions from overbearing government officials, Nair noted.

"A small minority of employers, through a lackadaisical attitude towards adhering to the regulations, seem to bring a bad name to the entire H-1B community and to the H-1B program itself, resulting in such sweeping governmental actions that affect legitimate H-1B employers and the unsuspecting employees and their families in jeopardy," he said.

**** **** **** *another page ****
New York attorney Cyrus Mehta explained what happened in Newark in his column. 'On one fateful day, January 11, when Continental Airlines Flight 49 landed in Newark from Mumbai, we know that CBP officer Matt McGirr and his colleagues, hunted through the lines for Indian H-1B workers even before they showed up for primary inspection. Their minds were made up. No detailed questions were asked.'

'The moment they found Indian H-1B workers who uttered that they were working at a client site in the IT field, their fates were sealed. They were subjected to expedited removal (ER) orders and sent back to India. Some were luckier and escaped the ER order, but still had to withdraw their applications for admission to the US. Nevertheless, they were all coerced into making statements under threat of being detained. Officials also made remarks as to why the H-1B workers, earned more than US workers and (said) should not be paid so much.'

When one is sent back by an ER order, he cannot come back for another five years. Those who withdraw their application to enter the United States and go back with their money can come back soon with a new visa stamp or for a new employer. Attorneys have decided to take up the issue with the authorities.
**** **** **** **** The End **** **** ****

Thanks For Reading it Friends...
Prashant Desai (Colorado Spring , CO).
USA

[OMM]

I just say....!!!!

Omm shantihii omm shanti... Shanti...shanti...shanti... Ommmmm.....

--- omm

[djoy22]

Same for L1?? or only H1?

Is this issue still on ?
or it was a one day check?
And is this kind of scrutiny on for L1 also or only H1?

Cheers

[kalyanverma]

All izz well!

This is the same old news that we all know, however the article was published yesterday. I received an email from Romi Kapoor associates a week ago that these officers at Newark airport were corrected.

I know a lot of people who traveled to India and returned successfully via Newark and JFK airports without any scrutinizing.

If your documents are correct and everything is legitimate, just stand your ground, you have nothing to worry about. Don't get scared, because the immigration officers sometimes can be intimidating.

Jus say "All izz well!"

Please don't copy paste the entire article into forum posts. Just post the link.

[h1bfile]

This is the same old news that we all know, however the article was published yesterday. I received an email from Romi Kapoor associates a week ago that these officers at Newark airport were corrected.

I know a lot of people who traveled to India and returned successfully via Newark and JFK airports without any scrutinizing.

If your documents are correct and everything is legitimate, just stand your ground, you have nothing to worry about. Don't get scared, because the immigration officers sometimes can be intimidating.

Jus say "All izz well!"

Please don't copy paste the entire article into forum posts. Just post the link.

@kalyanverma
this is not OLD news, on 26th january 2010 H1B holders community in NYC they start Rally on road. see that link and ask someone who is on H1B and staying in NYC if he/she knows about that rally.
I post whole artical to read to H1B people, remember the link which I paste its also works and yes on immihelp.com we can not paste whole complete link because immihelp.com will ignore the link text.
This text to read for the people, and somany people made mistake like employer of H1B is in California and they land to New York to meet family , friends etc that kind of landing person will sure in trouble.

[kalyanverma]

@kalyanverma
this is not OLD news, on 26th january 2010 H1B holders community in NYC they start Rally on road. see that link and ask someone who is on H1B and staying in NYC if he/she knows about that rally.
I post whole artical to read to H1B people, remember the link which I past its also works and yes on immihelp.com we can not past whole complete link because immihelp.com will ignore the link text.
This text to read for the people, and somany people made mistake like employer of H1B is in California and they land to New York to meet family , friends etc that kind of landing person will sure in trouble.

I appreciate your concern for the suffering H1B consultants, but I guess you need some lessons in English and also a crash course on "How to use the formatting toolbar in forums".

Click Here and Here. You must be wondering, "How did he do it". Play around with the format toolbar on the top, specially with the one with Globe and a chain-link which says "Insert Link", you'll know how.

[h1bfile]

I appreciate your concern for the suffering H1B consultants, but I guess you need some lessons in English and also a crash course on "How to use the formatting toolbar in forums".

Click Here and Here. You must be wondering, "How did he do it". Play around with the format toolbar on the top, specially with the one with Globe and a chain-link which says "Insert Link", you'll know how.

-- I am not a website designer and I dont need to learn it, even I dont want to go depth in english lang, I figure out here in the USA , how ameircans speak this lang as americans mother tounge even our desis. forget it if you wanna use info then use it, dont go outside the topic. keep in mind this is not OLD news which one is you know.
Prashant desai (colorado spring)

[imcheck]

New memo...

USCIS has been sending RFEs asking for employer-employee relationship for past two years. Now they have released official memo. I saw same explanation on one of my colleague denial notice which was received in 2009. Even I had received similar RFE asking for E-E relationship for my H1B which eventually got approved. This is very difficult time for H1Bs, need to hold our breath until economy comes back on track. By the way, Last week my colleague came through Newark airport without any issues.

[Steve Works]

USCIS has been sending RFEs asking for employer-employee relationship for past two years. Now they have released official memo. I saw same explanation on one of my colleague denial notice which was received in 2009. Even I had received similar RFE asking for E-E relationship for my H1B which eventually got approved. This is very difficult time for H1Bs, need to hold our breath until economy comes back on track. By the way, Last week my colleague came through Newark airport without any issues.

Unfortunately it seems to be the case again. Guess it's all a matter of luck...
_____________________________________
Steve Works

http://www.w2c.ca/expert-consultancy-customs-montreal.html