alterego
02-01 02:13 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.
================================================== =
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.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
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.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
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superdoc
09-19 11:43 PM
Hi,
I have a question about leave of absense. Does it mean that you are still employed with them if you apply for LOA? If yes then you cannot work for another employer at the same time, not on H1B atleast.
I would like the gurus to share their opinion of the following option:
Join the new job and start working there. If there is an RFE in future then you can go to your old employer and ask for a offer letter (with the promise that you may or may not joined them) and also one from your current (old) employer. If the adjucating officer says that the letter from the current employer does not qualify under the same/similar category then you can show him the letter from the old employer offering you a job. This will satisfy the requirements of having a job offer at the time of adjudication. Though in this case you will have to join your old employer.
Gurus: Is this possible? Or are there kinks in this theory?
LOA...means I am still employed without benefits ...at my old company.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
I have a question about leave of absense. Does it mean that you are still employed with them if you apply for LOA? If yes then you cannot work for another employer at the same time, not on H1B atleast.
I would like the gurus to share their opinion of the following option:
Join the new job and start working there. If there is an RFE in future then you can go to your old employer and ask for a offer letter (with the promise that you may or may not joined them) and also one from your current (old) employer. If the adjucating officer says that the letter from the current employer does not qualify under the same/similar category then you can show him the letter from the old employer offering you a job. This will satisfy the requirements of having a job offer at the time of adjudication. Though in this case you will have to join your old employer.
Gurus: Is this possible? Or are there kinks in this theory?
LOA...means I am still employed without benefits ...at my old company.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
gconmymind
09-05 01:48 PM
AFAIK, AP is considered only for emergency travel. That said, I think the officer was being over reactive.
As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...
As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...
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sk082671
01-21 10:38 PM
hi guys,
I am new to this forum, i would like to contribute , can someone tell me what is the procedure.
thanks
SK082671
I am new to this forum, i would like to contribute , can someone tell me what is the procedure.
thanks
SK082671
more...
gc4me
11-17 02:53 PM
Guys, I know what a deshi company can can do to you for only 200$ or 300$. I am the burning example. I don't see how to open a thread and I found this thread is some what relevant. Please check this and put your valuable comments/experience/suggestions. http://www..com/discussion-forums/i485-1/239950067
franklin
09-21 12:48 AM
i really appreciate and applaud what you and other members of immigration voice and other pro-imigration groups have done but for personal reasons i believe that fighting the congress is a losing battle and i sincerely doubt if we'll have any pro-immigration bill passed before the 2008 presidential election and when the new president comes this will fall att the bottom of his/her agenda. Look at Bush's tenure he's promised pro-immigration measures since 2004 and squat has happened. The issue is that there a lot of anti- legal and illegal immigration activists and congress members who will make sure nothing goes thru the senate or the house.
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
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BECsufferer
10-10 09:48 AM
I respectfully disagree, he is the president of USA and to its citizens, you might morally/personally declare him to be your president, but as long as your passport is not from USA you my friend are an alien (not extraterrestrial) living in the US of A :), please dont take this personally I am in the US too, and I got my passport recently renewed, and I had to pledge my allegiance in order to get my passport. It's just a law point. And I wish you all the best in your endeavor. Bharat mata ki Jai.
Bharat mata ki Jai. ...This is height of hypocracy. I don't want to live, work or raise family in India, but for others ..."Bharat mata ki Jai". I want to come to US, live here, work here, earn US dollars, show-off to family/friends back in India, want and beg for GC/Citizenship, stood in line for year to GC or married citizen just to get GC, but ..."Bharat Mata ki Jai".:cool:
Oye ... kis nu ullu banna reha hain? Don't bite the hand that feeds you.
Bharat mata ki Jai. ...This is height of hypocracy. I don't want to live, work or raise family in India, but for others ..."Bharat mata ki Jai". I want to come to US, live here, work here, earn US dollars, show-off to family/friends back in India, want and beg for GC/Citizenship, stood in line for year to GC or married citizen just to get GC, but ..."Bharat Mata ki Jai".:cool:
Oye ... kis nu ullu banna reha hain? Don't bite the hand that feeds you.
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GCNirvana007
09-12 12:44 AM
Thinkinf of buying one, not sure if its the right time - CT area
more...
stucklabor
01-18 01:41 PM
Everyone, there is a temporary problem with donating money through PayPal.
Our webmaster is on the phone with them and we expect it to be fixed soon. Someone will post again as soon as it is up.
Please hold on to your wallets in the meantime.
Our webmaster is on the phone with them and we expect it to be fixed soon. Someone will post again as soon as it is up.
Please hold on to your wallets in the meantime.
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daramesh
09-25 05:59 PM
Tina, my wife has the exact same issue. Pl advise. She is workng on H1 but getting delayed pay and paystubs and no W2 for 2006 since she dd not have SSN until feb 2007. To be safe, she wants to apply for H4 in Chennai although she still has valid H1. have 2 questions.'
1. can we fix a web appointment thru VFS for H4 visa stamping for her, even though she is on H1 right now and does not have H4 I797? I will add he as my dependent, since I am doing my H1 renewal as well and my case is strong
2. will they ask for her h1 paystubs and W2s if she is applying for H4 in chennai? Hopefully not. she has an expired H4 visa so she cannot re-enter on H4 visa.
3. also is it possible to travel from Atlanta or nearby to chennai without getting transit visa since we might not have time and aretravelling on expired visas. any short routes airlines you know?(singapore does not need transit visas?)even european cities that dont ask for transit visas will be fine.
PLEASE ANYONE WHO KNOWS A BIT, PL CONTRIBUTE THANKS
1. can we fix a web appointment thru VFS for H4 visa stamping for her, even though she is on H1 right now and does not have H4 I797? I will add he as my dependent, since I am doing my H1 renewal as well and my case is strong
2. will they ask for her h1 paystubs and W2s if she is applying for H4 in chennai? Hopefully not. she has an expired H4 visa so she cannot re-enter on H4 visa.
3. also is it possible to travel from Atlanta or nearby to chennai without getting transit visa since we might not have time and aretravelling on expired visas. any short routes airlines you know?(singapore does not need transit visas?)even european cities that dont ask for transit visas will be fine.
PLEASE ANYONE WHO KNOWS A BIT, PL CONTRIBUTE THANKS
more...
chanduv23
10-13 04:26 PM
can you hold these meetings on saturdays? weekdays are impossible for me with a 1.5 hr commute (common with most tri-state folks).
informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)
The idea was to make it easy for majority folks who work in Manhattan and surrounding areas. We were also concerned that the tri state folks travel long distances and work long hours during weekdays will need the weekends for themselves and a Friday night after work must be the best time.
But, yes, based on majority of the folks's response, we plan to do one more on a Saturday, but not in Flushing, location will be decided soon.
informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)
The idea was to make it easy for majority folks who work in Manhattan and surrounding areas. We were also concerned that the tri state folks travel long distances and work long hours during weekdays will need the weekends for themselves and a Friday night after work must be the best time.
But, yes, based on majority of the folks's response, we plan to do one more on a Saturday, but not in Flushing, location will be decided soon.
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johnwright03
06-28 03:57 PM
Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???
more...
house Rih has multiple tattoos of
lskreddy
01-13 02:43 PM
these movements are not really worth anything.. it has to overcome that resistance
..
Dude, these are not stocks where resistance and support play parts, it is USCIS/DoS. All they offer: resistance from with-in with no support to its customers. I am surprised you are still trying to find a pattern/curve. At best, it can be represented by a squiggly line my nephew draws..
..
Dude, these are not stocks where resistance and support play parts, it is USCIS/DoS. All they offer: resistance from with-in with no support to its customers. I am surprised you are still trying to find a pattern/curve. At best, it can be represented by a squiggly line my nephew draws..
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Legal
02-04 02:33 PM
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.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
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.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
more...
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vadik78
03-27 07:47 PM
No matter which person we will go with, I think that we need to verify person's story before congress testimony. Not that I do not trust people, but we need to make sure that every detail is accurate; otherwise we risk of being called "liars" by the numbersusa. If we could obtain any documented proof of achievements and demonstrate the documentation to the congress, which will carry some additional weight...
Just my 2 cents.
Just my 2 cents.
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Macaca
08-13 07:59 PM
� It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
The date is June 1st. Also, there were 1M+ applications before June 1st,
� Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) were a very important reason for retraction of July Visa Bulletin.
The date is June 1st. Also, there were 1M+ applications before June 1st,
� Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) were a very important reason for retraction of July Visa Bulletin.
more...
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GCKaMaara
01-13 12:41 PM
It's here guys :
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
No EB3 movement :mad::mad:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
No EB3 movement :mad::mad:
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apb
03-18 02:38 PM
AT JFK.
Submitted two copies of AP and passport. I had three copies from USCIS.
Went through US citizen/resident queue and the CBP officer took me to another verification counter.
There were only one other person (Russian). No questions asked. NONE. Verified address and very very informative and friendly CBP officer. Handed both AP with one of them stamped. I have all three copies of AP with me with one stamped.
He advised that every time I travel make sure there is no NOID on my case and my AP is current.
Submitted two copies of AP and passport. I had three copies from USCIS.
Went through US citizen/resident queue and the CBP officer took me to another verification counter.
There were only one other person (Russian). No questions asked. NONE. Verified address and very very informative and friendly CBP officer. Handed both AP with one of them stamped. I have all three copies of AP with me with one stamped.
He advised that every time I travel make sure there is no NOID on my case and my AP is current.
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StarSun
05-11 09:10 AM
Please continue to fill out the form for the advocacy days and make a difference by taking a positive step by meeting with the legislators.
For members who can only provide support, please mention the kind of support you are willing to commit to on this thread too.
For members who can only provide support, please mention the kind of support you are willing to commit to on this thread too.
sanju
05-14 05:49 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
Almond
01-01 08:50 PM
He called it garbage can out of bitterness and perhaps a little sarcasm. Obviously this is very important to him, otherwise he wouldn't have vented to perfect strangers on the internet. Have you never really wanted something and lashed out at it out of frustration?
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