Note to H1Bs Traveling to U.S. and Working for Consulting Companies

[nagdon]

Note to H1Bs Traveling to U.S. and Working for Consulting Companies  Posted Jan 14, 2010; 7:30p.m. (ET)


The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
©MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
©MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.

[panikiraniparty]

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[JAYASURIYA]

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[Company]

vella badha endhi ra nainaaaaaaa

[master123]

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[Technikfreak]

Lot of people are being deported at the port of entry. The immigration officers are calling their respective employers and verifying. And also asking them for letter of continuation, letter from their clients to prove their employment. If you don't have these khel khatam dukan band.

[Company]

[quote author=Technikfreak link=topic=33354.msg242211#msg242211 date=1263536339]
Lot of people are being deported at the port of entry. The immigration officers are calling their respective employers and verifying. And also asking them for letter of continuation, letter from their clients to prove their employment. If you don't have these khel khatam dukan band.
[/quote]

ouna mama.......neku telisina vallu evaraina deport ainara

[Technikfreak]

[quote author=Company link=topic=33354.msg242221#msg242221 date=1263536545]
ouna mama.......neku telisina vallu evaraina deport ainara
[/quote]

Yes 2 of my friends were struck at the airport for 1hour. One of them got deported.