Is immigration officer correct?

S

stillwaitin4gc

Registered Users (C)
I'm on 7th year H1B(valid till end of 2005) with I-485+EAD+AP applied in Apr 2004.
A few days ago, I went to Mexico and while returning , the immigration officer at the border insisted that since I left US, my GC process would be abandoned though I explained to him that I'm on a 7th year H1B and that visa is still valid.
Anyway, he did not let me enter the States and said that my GC process would be abandoned. So, I finally decided to show him my AP and he stamped the AP with some formalities and invalidated the H1b visa and I was able to enter the US. The officer even spouted this attitude that he had 25 yrs of immigration officer experience!

My questions are:
1) I don't have any regrets about using either AP or H1B. But is the immigration officer correct in invalidating my H1B and using the AP, though my H1B visa was still valid. I thought AP should be used only if H1B visa has expired or not valid anymore?

Any suggestions?

Thanks.
 
Hmm, he said he has 25 years experience but he was WRONG in invalidating your visa. If you have a valid H1b you have the option of using either that or the AP. H1b is a dual intent visa, so unlike a B1 or other purely non-immigrant visas, you can maintain H1 throughout GC process.
 
One more question

Would using H1B invalidate my GC if I used it to enter the country?
I have the officer's name , Juavarez. I'll see what can be done to let him know that he's wrong
 
Iam Just wondering , do you have 7 th year visa stamped in your passport...
Because you said you are in 7 th year and which expires at the end of 2005, and Dept of state has stopped revalidating VISAS from last October...
If you have valid I 797 for H1B and valid visa in your passport..you have all rights to enter on H1 eventhough u have AP...
 
Coltech said:
Iam Just wondering , do you have 7 th year visa stamped in your passport...
Because you said you are in 7 th year and which expires at the end of 2005, and Dept of state has stopped revalidating VISAS from last October...
If you have valid I 797 for H1B and valid visa in your passport..you have all rights to enter on H1 eventhough u have AP...
Click to expand...


Thats a good point. Check and post here if you had a valid (unexpired) H1 stamp in your passport. If you didnt have an unexpired H1 stamp, then the officer might have a point in arguing to see a travel document.
And, if you had an unexpired H1 stamp, then the officer was 100% wrong.

But in any case, re-entering on H1b would not have any negative effects on your pending GC.
 
A word of advice on "letting him know he's wrong". If I were you, I'd only bother mentioning it to him if you hope to have it somehow reversed, and I'd do it very politely. If you're going to mention it to prove a point, I wouldn't even bother.

They can make your life a living hell. When I was getting my original TN visa at the US border, I struck up a conversation with another person sitting in the then, INS office. He mentioned to me that they (the USCIS) were busy pulling his car apart for inspection. He'd been there a couple of hours already. He proceeded to tell me that he travelled to the US (from Canada) many times each year, and every time they do this to him. I asked him why. Now get this.....one time when he was crossing, the border guard asked him what his origins were. He replied, "I don't know, ask Darwin". He said the border guard typed something in the computer and ever since then, this has been happening.

Coincidence? I think not......remember the saying, you'll catch more flies with honey than vinegar.

Regards

Rav
 
Yeah, Tijuana

I could have just called my lawyer but being a Sunday morning, I didnt get the chance.

Also, I had an unexpired H1B visa (expires in Dec 2005). How do I get this idiot to know the law so he wont harrass somebody else in the future? It doesn't matter to me if my H1B was invalidated as my approval date is very close. But I wouldn't want this to happen to somebody else.
 
Reversal??

Ravioli,
You mentioned that we can get the H1B invalidation reversed. Is that really possible? Just curious.

Thanks.
 
Chase4GC....it was Niagara Falls actually.

Stillwaitin...I have no idea if you can have it reversed. I was saying that I would only mention it if that is what you were going to attempt. Saying something to educate or prove a point to the border guard would not, in my opinion, be wise.

Regards to all

Rav
 
In the following scenario USCIS official may ask any one to produce AP;

1.One has valid I797 H1, Valid Visa in Passport and started using EAD and that might have updated in the database.
2.One has Valid H1 Visa stamped in your passport,Your company might have revoked your H1 as you might have started using EAD with another company by any reason..And USCIS has update info on revoking of H1.

I donot mean that USCIS official is correct,Just want to say that they will work as per check list....
 
Coltech said:
In the following
started using EAD and that might have updated in the database.
Click to expand...

What database? There was another thread on this. Employers do not notify USCIS that somebody is working using an EAD.
 
stillwaitin4gc said:
I don't have an EAD. Haven't applied for it!
Click to expand...

Your original post said you applied for it in Apr 2004.

So, are you unable to work right now? If you get the attorney involved and he is paid by your employer, he will probably tell the employer you cannot currently be working for them.

Maybe get a letter from your employer, go to local INS office and try to get an iEAD.
 
To stillwaitin4gc

If you have a valid VISA (not just a H1B status with I-94 attached), I do not see why the office will stop you. If you only have H1B actions notice but not a visa, you can only use AP to re-enter to USA.

It is always a better way to use EAD after you come back to USA, according to my lawyer and Attorney Murthy. Or you can file an H1B extension, I guess. This issue is not entirely clear. Please review following link.

http://www.murthy.com/print/ch020705_P.html

Chat User : Can I reenter the USA on advance parole (sponsored by my spouse's employer), and still work on my H-1 which is sponsored by my employer? I don't have a visa for my H-1 and would like to use the advance parole. Thanks in advance.

Attorney Murthy : This issue is not entirely clear. A person is possibly allowed to work on the H1B and/or the EAD even if s/he enters on H1B status. The safer route is to have filed an EAD application before departing so that the EAD will allow one to state that s/he could have worked in either category. The Legacy INS Memos of March 2000 and May 2000 allow one to be able to file an H1B extension of status even if s/he entered the U.S. on the AP, which could lead to the conclusion that the USCIS would not object to the person's working based only on the H1B, though this issue is not entirely clear.
 
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