wllorente57

Hi All!

Aside from credit card bills, what are the ways INS would know that an H1B, after being laid off (H1B status validity is until 2004), had stayed illegally a few months in USA?

Is it true that INS and IRS are not connected in a such a way that IRS reports to INS and vice versa?

At POEs, do the officers "usually" question any H1B who left and tries to enter USA on a visitor visa? Do they "usually" get proof(s) that the person, indeed, didn't overstay the last time he was in USA?

Quiet mind-boggling though, a friend overstayed a couple of months after being laid off. When he was at San Diego, he came across highway INS officers. They were inspecting every vehicle passing. He was stopped since his car plate was from NJ; asked about his job and status. He told them he was on vacation and they let him pass. Weren't they supposed to deport him? or at least detain him?

Aside from being sent back, what's the worst thing that could happen if he tries to re-enter USA (B1/B2 visa) after a year?

Thanks and best regards.

Stuart Brook

wllorente57 wrote:
    >
    > Hi All!
    >
    > Aside from credit card bills, what are the ways INS would know that an
    > H1B, after being laid off (H1B status validity is until 2004), had
    > stayed illegally a few months in USA?

Colleagues, neighbours, the employer cancelling the H1B, landlords,
phone bills, flight records ... lots of stuff - return of the I-94.

    > Is it true that INS and IRS are not connected in a such a way that IRS
    > reports to INS and vice versa?

If they have reason to believe a problem they can exchange info.

    > At POEs, do the officers "usually" question any H1B who left and tries
    > to enter USA on a visitor visa? Do they "usually" get proof(s) that the
    > person, indeed, didn't overstay the last time he was in USA?

The INS don't need to prove anything. If they believe for one reason or
another to suspect, they'll aske you for proof you didn't and decide on
what action to take based on your response.

    > Quiet mind-boggling though, a friend overstayed a couple of months after
    > being laid off. When he was at San Diego, he came across highway INS
    > officers. They were inspecting every vehicle passing. He was stopped
    > since his car plate was from NJ; asked about his job and status. He told
    > them he was on vacation and they let him pass. Weren't they supposed to
    > deport him? or at least detain him?

Depends on what he showed and told them.

    > Aside from being sent back, what's the worst thing that could happen if
    > he tries to re-enter USA (B1/B2 visa) after a year?

Unlikely to be a lot, shouted at, belittled, strip searched but it's
always a risk and he could be put on a flight home.

Stuart

James Donovan

"wllorente57" wrote in message
news:[email protected]...
    > Hi All!
    > Aside from credit card bills, what are the ways INS would know that an
    > H1B, after being laid off (H1B status validity is until 2004), had
    > stayed illegally a few months in USA?

There is no way. That's why so many H-1B's scam their way illegally into
the U.S.

    > Is it true that INS and IRS are not connected in a such a way that IRS
    > reports to INS and vice versa?

They are not directly connected but IRS can request info from INS and vice
versa.

    > At POEs, do the officers "usually" question any H1B who left and tries
    > to enter USA on a visitor visa?

They would have records of it, but it's like playing the lottery.

    > Do they "usually" get proof(s) that the
    > person, indeed, didn't overstay the last time he was in USA?

Employer cancelling H-1B, the I-94, people willing to rat you out...

    > Quiet mind-boggling though, a friend overstayed a couple of months after
    > being laid off. When he was at San Diego, he came across highway INS
    > officers. They were inspecting every vehicle passing. He was stopped
    > since his car plate was from NJ; asked about his job and status.
    > He told
    > them he was on vacation and they let him pass. Weren't they supposed to
    > deport him? or at least detain him?

If you were drinking before you take a drive, and an officer asks you
whether you were drinking, and you make efforts for him not to smell alcohol
and you LIE about not drinking and driving... He lets you go, do you think
this is right? Do you think it is legal?

    > Aside from being sent back, what's the worst thing that could happen if
    > he tries to re-enter USA (B1/B2 visa) after a year?


Nothing.

wllorente57

His H1B hasn't been cancelled yet, but then the employer mailed him a termination letter (but didn't receive it). But.. you know, its just between the employer and the employee. I understand that if the employer didn't report any cases of termination to the INS, the company could be fined for it ($1000/H1B?). So my friend is confident that the employer won't report the case except when being asked (I guess).

I know he could be traced with the return of I-94, but then if the employer hasn't cancelled the H1 yet, then he could just merely say he left the job and was not laid off... just like when he said he was on vacation. Lying? Who hasn't lied a bit anyway. One way or another, we sometimes lie with our resumes so that companies will be able to notice it; or perhaps for us to have at least an interview schedule. And I say, its not only in companies but institutions like INS, perhaps?

Best regards.