Nightmare at INS POE for H1B Applicant!
From Murthy Bulletin: 12/7/01
2. Travel Warning : Nightmare at INS POE for H1B Applicant!
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Many people have travel plans for the upcoming holidays. For those of you
traveling from overseas, we recommend the exercise of common sense combined
with extreme caution when applying for reentry into the U.S. On Nov. 2,
2001, we reported an incident involving innocent inquiries by an engineer on
a long haul flight regarding the operation of an airplane emergency door.
The NewsBrief, entitled "Restrain your Curiosity when Traveling! - A
Cautionary Tale" is available on
MurthyDotCom. We now have learned of an incident where an otherwise
innocuous business card resulted in an H1B applicant\'s having been denied
entry into the U.S.
The applicant had been working in the U.S. on valid H1B status. He traveled
out of the country for the Thanksgiving holiday, in November 2001, to attend
a friend\'s wedding in Italy. The return flights were diverted from
originally being Washington, D.C. to San Francisco to instead come into
Chicago and then go on to San Francisco. Upon his return, the INS officer at
the Chicago Port of Entry (POE) noticed that the H1B applicant had a
business card with him. The INS officer asked to see the business card.
Apparently, the business card was for a side business / hobby which the H1B
visa applicant hoped to pursue upon obtaining appropriate employment
authorization document (EAD). The I-485 had been filed about a month
earlier, so the person was expecting the EAD within the next month or two.
After asking some questions, the INS officer at the Port of Entry determined
that the alien was probably violating the terms of the H1B status by
intending to work without authorization. The H1B applicant was a
professional who was working for the H1B employer and had maintained status
throughout his life. He had attended a weekend photography course at the
University of California at Santa Barbara. He repeatedly pointed out to the
INS officer that he had never worked for the photography business, that he
had just put some details up on the website about 5 days earlier, and that
he was hoping to do some studio shots as a photographer and as a hobbyist in
the future. The INS officer refused to allow the H1B visa applicant the
right to use his cellular telephone to contact an attorney or call any
friends, forced him to sign a statement that he intended to work in the
U.S., threatening to put him into detention if he did not sign the
statements to that effect. The H1B applicant was denied entry to the U.S.
and chose the option of buying an expensive, one-way ticket, rather than
spending a night in an INS detention facility. He was returned on the next
flight back to his home country of India.
In light of this and similar post-9/11 incidents, we remind our
MURTHYBULLETIN and MurthyDotCom readers that your luggage and belongings are
always subject to search. This is even more prevalent since September 11th,
as part of INS increased security measures. Out of an abundance of caution,
it is better to assume that all of your personal items will be searched. We
have heard of situations where letters and photographs were used against
people to deny them entry into the U.S. It is recommended that travelers
pack as lightly as possible and limit their carry-on luggage to those items
that are absolutely necessary. This is both a practical solution to avoid
lengthy waiting for check in at the security gates and should assist in
smooth processing upon reentry to the U.S.
© The Law Office of Sheela Murthy P.C.