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  #1  
Old 01-04-2010, 12:52 PM
eastindia eastindia is offline
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Default URGENT Newark Airport: Beware

news Anyone planning to enter the United States with an H1B visa through Newark airport needs to rethink that decision. Within the last two weeks, CBP officials there have been routinely stopping and turning around valid H1B nonimmigrants. Not all, by any means, but many. The stated grounds for their refusals are bizarre, to say the least. For example, in one case, they said that the individual's H petition was invalid because the job involved work for a state agency. "Only US citizens and green card holders can work for state agencies" claimed the CBP supervisor. This is, of course, utter nonsense.

Whether entering at Newark or any other airport, nonimmigrants should always answer all questions fully and truthfully. Never try to embellish the facts in the hope that you will be admitted more easily. If you are put into secondary inspection, do not agree to sign any statement that contains falsehoods. At Newark, entering nonimmigrants have been physically coerced into signing statements that contain false admissions of wrongdoing. While being in the custody of the CBP can be intimidating, you must hold fast to the truth and refuse to admit to anything that is not true - no matter how they try to coerce you. Signing such a false statement will only make things worse.

The actions of the rogue agents at Newark are hardly typical of CBP officers elsewhere. Formal ethics complaints have already been filed against them with CBP, DHS, and the Department of Justice. Still, CBP appears reluctant to take immediate action to stop them.

Most likely, the result of CBP's unwillingness to rein in these rogue officials will be the filing of civil rights actions ("Bivens suits") against the specific officials involved. This will force them to defend their actions in federal court under penalty of suffering personal liability for what they did. I very strongly suspect that when the first action is filed, this practice will stop immediately. In the interim, if you were planning to return to the US via Newark, make other plans.
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  #2  
Old 01-07-2010, 09:28 PM
kgowshi kgowshi is offline
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Default URGENT Newark Airport: Help HElp

Hi,

One of my friends came form India to Newark (port of entry) and they sent her back saying she is working illegally, where as she is in her h1 for the second time after stamping. They didn't give her any options.... but they asked her to go back... she did sign something... like withdrawing the h1 ... (i am not sure i can get this info asap...) Incident happened on the 01-05-2009. Need some advise... please help...

KG
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  #3  
Old 01-07-2010, 09:59 PM
la6470 la6470 is offline
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Talking Good .. now they can do the same job from offshore.

Excellent news for India. ...
Probably USA will close its borders completely and then India and China can become the only superpowers in this world.
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  #4  
Old 01-08-2010, 11:33 AM
ivgclive ivgclive is offline
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Default What help?

Quote:
Originally Posted by kgowshi View Post
Hi,

One of my friends came form India to Newark (port of entry) and they sent her back saying she is working illegally, where as she is in her h1 for the second time after stamping. They didn't give her any options.... but they asked her to go back... she did sign something... like withdrawing the h1 ... (i am not sure i can get this info asap...) Incident happened on the 01-05-2009. Need some advise... please help...

KG
I can help you.

As you said "One of my friends", you SHOULD have her emailid, phone number etc. Please send a private message to me. I will talk to my lawyer about this and tell you what she can do.

H1B is employer's petition. Employee can not revoke anything on that petition.
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  #5  
Old 01-08-2010, 11:44 AM
gvenkat gvenkat is offline
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Default

From time to time we have this kind of stuff floating around. I would take with a grain of salt, Newark is the easiest POE for people who need not to get a transit visa. I do not see a reason why they would trun you away if all your papers or in order.
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  #6  
Old 01-08-2010, 12:08 PM
amulchandra amulchandra is offline
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Default

This week a friend of mine re-entered though Newark airport. They are on AOS. Wife was on AP. So the immigration officer insisted that the husband should use his AP to enter not H1B even though he got his H1b Visa stamped. I do not know whether the immigration officer has the legal authority to insist on which mode of entry to use.

Amul
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  #7  
Old 01-08-2010, 12:25 PM
4move 4move is offline
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Default Experienced the same 2 years back at Newark

I went through the exact same situation at Newark. When I insisted to him that I want to enter on H1, he gave half an hour lecture on how AP is at higher level than H1B. Must be the same misinformed guy.

Quote:
Originally Posted by amulchandra View Post
This week a friend of mine re-entered though Newark airport. They are on AOS. Wife was on AP. So the immigration officer insisted that the husband should use his AP to enter not H1B even though he got his H1b Visa stamped. I do not know whether the immigration officer has the legal authority to insist on which mode of entry to use.

Amul

Last edited by 4move; 01-08-2010 at 03:04 PM.
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  #8  
Old 01-13-2010, 05:47 PM
krishnam70 krishnam70 is offline
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Default that is so wrong

Quote:
Originally Posted by 4move View Post
I went through the exact same situation at Newark. When I insisted to him that I want to enter on H1, he gave half an hour lecture on how AP is at higher level than H1B. Must be the same misinformed guy.
There is a memo clearly saying that H1 takes precedence in case it has valid period and only in case where it is not valid AP should be used
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  #9  
Old 01-23-2010, 05:34 PM
H1BStamping H1BStamping is offline
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Default Plz Provide additional info

Quote:
Originally Posted by kgowshi View Post
Hi,

One of my friends came form India to Newark (port of entry) and they sent her back saying she is working illegally, where as she is in her h1 for the second time after stamping. They didn't give her any options.... but they asked her to go back... she did sign something... like withdrawing the h1 ... (i am not sure i can get this info asap...) Incident happened on the 01-05-2009. Need some advise... please help...

KG
Please provide more details like whether she was working for a consultant or direct client. If she was working as a consultant, did she have proper documentation like pay stubs, client letter. Can you also tell us what was her nationality and whether she had any US education like MS, MBA etc from US universities.
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  #10  
Old 01-23-2010, 07:38 PM
byron byron is offline
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Default

Geez, How do airport stampers ge that type of authority and get away with it? I remember thew power on guy had at the UK airport when we arrived. One black gut could not speak english so the guy started shouting at him (thinking it would make the message clearer...)
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  #11  
Old 01-23-2010, 09:07 PM
add78 add78 is offline
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Default Refrain from spreading Rumors

Quote:
Originally Posted by eastindia View Post
news Anyone planning to enter the United States with an H1B visa through Newark airport needs to rethink that decision. Within the last two weeks, CBP officials there have been routinely stopping and turning around valid H1B nonimmigrants. Not all, by any means, but many. The stated grounds for their refusals are bizarre, to say the least. For example, in one case, they said that the individual's H petition was invalid because the job involved work for a state agency. "Only US citizens and green card holders can work for state agencies" claimed the CBP supervisor. This is, of course, utter nonsense.

Whether entering at Newark or any other airport, nonimmigrants should always answer all questions fully and truthfully. Never try to embellish the facts in the hope that you will be admitted more easily. If you are put into secondary inspection, do not agree to sign any statement that contains falsehoods. At Newark, entering nonimmigrants have been physically coerced into signing statements that contain false admissions of wrongdoing. While being in the custody of the CBP can be intimidating, you must hold fast to the truth and refuse to admit to anything that is not true - no matter how they try to coerce you. Signing such a false statement will only make things worse.

The actions of the rogue agents at Newark are hardly typical of CBP officers elsewhere. Formal ethics complaints have already been filed against them with CBP, DHS, and the Department of Justice. Still, CBP appears reluctant to take immediate action to stop them.

Most likely, the result of CBP's unwillingness to rein in these rogue officials will be the filing of civil rights actions ("Bivens suits") against the specific officials involved. This will force them to defend their actions in federal court under penalty of suffering personal liability for what they did. I very strongly suspect that when the first action is filed, this practice will stop immediately. In the interim, if you were planning to return to the US via Newark, make other plans.
Stop spreading rumors and news that has no first person backing.
To those who are panicking, Section IV - Use of this USCIS Memo clearly states that its use is intended only for USCIS to adjudicate petitions and not for any other agency in removal proceedings. If you know a friend's friend or someone's someone, ask them to send their true info to info@immigrationvoice.org. So far IV has not heard from a single credible first hand info to act on.

So Relax and Refrain from Rambling atop the Rumor express and Remind the community to stand strong under the IV umbrella.
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Last edited by add78; 01-23-2010 at 09:15 PM.
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  #12  
Old 01-23-2010, 11:50 PM
sunny1000 sunny1000 is offline
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Default

Quote:
Originally Posted by kgowshi View Post
Hi,

One of my friends came form India to Newark (port of entry) and they sent her back saying she is working illegally, where as she is in her h1 for the second time after stamping. They didn't give her any options.... but they asked her to go back... she did sign something... like withdrawing the h1 ... (i am not sure i can get this info asap...) Incident happened on the 01-05-2009. Need some advise... please help...

KG
Send your friend's information including her name and the incident details to IV (info@immigrationvoice.org) so that IV can help. So far, there have been numerous threads with just hearsay or lawyer postings of hearsay and that is it. No one has come forward with details/proof without which no action can be taken. Now, I understand it is very difficult to get details from a person who has already been deported. But, if you can post that it had happened to a friend or colleague (as someone did in another thread), then, you should be in a position to conact them and give details of your friend/colleague to IV so that we can help.
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  #13  
Old 01-29-2010, 11:15 PM
maco maco is offline
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Default

Quote:
Originally Posted by sunny1000 View Post
Send your friend's information including her name and the incident details to IV (info@immigrationvoice.org) so that IV can help. So far, there have been numerous threads with just hearsay or lawyer postings of hearsay and that is it. No one has come forward with details/proof without which no action can be taken. Now, I understand it is very difficult to get details from a person who has already been deported. But, if you can post that it had happened to a friend or colleague (as someone did in another thread), then, you should be in a position to conact them and give details of your friend/colleague to IV so that we can help.
check this article

H-1B visa-holders being deported from port of landing! : Rediff.com Business
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  #14  
Old 02-10-2010, 01:51 PM
noida123 noida123 is offline
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Wanted to update I reentered the US 2 times in the last month mid jan and early Feb thru JFK and no questions asked both times. I did not have to show any documents other than the visa,of course. I too work for a small consulting co.
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  #15  
Old 02-10-2010, 03:42 PM
krish2005 krish2005 is offline
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Default

noida123,

Thanks for the update. Can you please let us know which visa were you entering (guess its H1b).

Quote:
Originally Posted by noida123 View Post
Wanted to update I reentered the US 2 times in the last month mid jan and early Feb thru JFK and no questions asked both times. I did not have to show any documents other than the visa,of course. I too work for a small consulting co.
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