H1 Visa - Valid Job - Entry denied at POE ?

R

rmzm

Registered Users (C)
Hi,

Hope I can validate the info here with some real experiences. I am hearing a lot about H1 Visa holders with valid Job denied entry at the port of entry in US. I have not seen any threads with the same subject and want to establish the fact that this is indeed happening. My first reaction is whether it is legal or not. Having a valid job and a valid H1 Stamping should constitute that you are legal to work in US. How is it that the officer at POE determine whether one is required to work or not ? If this info is true it poses a big risk for people like me who wants to travel to home country but no assurance that I will be allowed to come back..

I do not want to start the rumours here; just looking to establish if this is true or not. If it is, are there any options that we can look for. My take is we are perfectly legal if we have a valid H1 extension, real job and a valid H1 stamping. can the officer still deny the entry ?

Thanks
Rim
 
Yes, it is true:
Even if you a valid H1B visa stamp
in your passport (and copy of H1B approval notice with you),
the IO at the POE has the authority to deny you entry
in the US. He has the final decision.

And yes, many many foreigners on
H1B visa hesitate to travel abroad while on H1B.
I know it first-hand.

As a consequence, many foreigners coming here
on H1B visa and contributing so much to progress
& technology (1/4 of all patents filed in the US are filed by
foreign-born people) are being penalized for
their contributions !

They do not see their families for years, for fear
of loosing everything they have earned in the US.
It is outrageous, ongoing for years, and no agency
(DOS, DHS, DOL, others) cares.

One more stupidity of the US immigration system.
Wouldn't it be better to implement fool-proof visa system/stamps,
passports, improve inter-agency collaboration,
rather than to have the burden of decision of entry
on the shoulders of stressed-out IO at the POE ?
One may think it would make sense.
 
Non-citizens don't have any legal "right" to be admitted into the US. It is upto the immigration official to determine if the person can be admitted. A visa is just a ticket to board a plane and appear before the immigration authorities and is not a guarantee for admission. these are the facts and they are not just for H1b visas; they apply to all non citizens.
 
H1B visa holders are "guest workers". If you are using this visa class to reside and work in the US, you are well aware of the restrictions pertaining to this. Given that a recent survey found that 20% of those surveyed were working illegally or not working according to the law, there is good reason for IOs and American citizens to be suspicious of H1B visa holders.

If you have chosen to work in the US, you must follow the rules. If not, you are free to leave and go elsewhere.And US citizens and workers also would like the vasrious government agencies to address the issues with the H1B program but for a different reason than you. It is likely that far fewer visas would be issued due to the blatant fraud by visa holders.
 
Of course there are abuses of the H1B program.
Does this justify to punish those who play by the rules ?
Certainly not.

Concerning the remark on H1B visa holders returning to their country
if they are not happy: often this remark comes right from the folks
who do not hesitate to cheat the system. Often also this remark comes
from immigrants from countries such as India or China, from people
who would have no chance to make similar money in their home country.
They would take anything for a chance of a better life, and this
is normal.

Situation is very different for people who immigrate from western Europe.
Standards of living are good there, and such folks may have different
motivations for coming to the US, and they will not take just "anything".

The good thing about those who decide (nevertheless) to stay,
is that they will eventually become US citizens. Then, they can
speak out and try to make things change.

There should be no relief for those, H1B immigrants or
employers, who cheat the system. But it makes no sense
to penalize in the worst possible manner those who come
here legally. Having legal immigrants split between not travelling
and not seeing loved ones for years and the risk of not being able
to reenter, is simply not acceptable for a "welcoming country".
If the US doesn't want H1B workers or want to limit their quota
due to economy, it's perfectly fine. But there is no reason
to give them a hard time if they come here legally and follow
all the rules.
I am a US citizen.
 
Dear proud Yank

Okay...someone asked a simple question and people came forward with all sorts of views on "poor" and "rich" countries and who has rights and who doesnt.

Let me do the same. Well, non US citizens certainly do not have a right to enter the US, but our countries DO HAVE A RIGHT TO THE MONEY WE LOANED YOU. In fact, given the amount of money that you currently owe us, your "right" to your land and your country is highly debatable. You can be as sovereign as you want, but then don't borrow large sums of money from others; or else, by any fair standards, you should be ready to submit to the will of others... Tell you what, why don't we auction off your country to pay off your bills and then you can go on lockdown or something with what is left?

We were in business together in the free globalized world and YOU sank the money you borrowed from us. You want out? Compensate us for the damages and opt out.

And to the gentleman who made those remarks about India and China. Guess why conditions are better in western Europe? Because these same countries begged for food and money from the US some 60 years ago. You have built your countries based on charity from the US, your ancestors came to the US with much less to contribute than most Chinese and Indian immigrants today and you still keep coming to the US in droves to beg some more. Kind of strange that you have so much self esteem left....
 
ss13ss2001,

first: nobody denies the contributions from Indian and
Chinese immigrants. However, they may have
different motivations to come to the US than today's
immigrants from western Europe.

Then: Who were the first immigrants to America ?
Where did they come from ?
Oh yes, if you go 60 years back, you may as well go back
some more years...
Very early immigrants: mostly Europeans, and very soon
after, CHINESE. Yes, Chinese were among early immigrants
as well.

Then, on the "charity" from the US to Europe: nobody denies it,
it did save Europe, and similarly it applies to Japan.
This "charity" gave a real boost to the US economy as well.

Now, on the current situation: China has huge economic problems
as well, with many companies (who were selling cheap goods to the US)
closing their doors. Lay-off of millions of people, in China. It's in the news.
WHY ? Because exports to the US (and Europe, and elsewhere) have dropped !
So, we can be happy the US is borrowing money from China,
so people in the US can continue to buy Chinese goods,
so this can save Chinese companies,
so Chinese people continue to have work in China....
You understand ?
We are living in a GLOBAL economy, where
"charity" is not a one-way ticket.
 
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