codyVA

have anyone been refused entry on H1B ? I'm curious if that's even possible or if that happens. What could be the reason? Aren't immigration officers from the same agency as those who give you I-797? If you were granted the status and visa whouldn't that be enough?

J. J. Farrell

"codyVA" <member27336@british_expats.com> wrote in message
news:[email protected] m...
    > have anyone been refused entry on H1B ?

I expect so.

    > I'm curious if that's even
    > possible or if that happens. What could be the reason?

The applicant fails to convince the inspector at the Port of Entry
that he will fulfil the terms of his H-1B petition.

    > Aren't immigration officers from the same agency as those who give
    > you I-797?

They're both part of Homeland Security.

    > If you were granted the status and visa whouldn't that be enough?

No. A visa gives a person permission to apply for entry to the USA,
nothing more. It's up to the applicant to convince the inspector that
they will maintain the conditions associated with the visa.

codyVA

'The applicant fails to convince the inspector at the Port of Entry
that he will fulfil the terms of his H-1B petition.'

-How can you not fulfil it or how can you prove you won't. H1B does allowed the 'dual intent', doesn't it?

'They're both part of Homeland Security.'

-So how come they would negate Homeland Securitys (USCIS) decision of granting this person H1B? (I-797 and the visa are different things). Do they have more information on this person at the airport than in the DOHS offices?

Have you heard about anybody whom they refused entry and why?

Thanks

crg

Some things that could cause denial of entry on an H1B or any other visa:

Criminal record.

Visa fraud.

Past immigration violations unknown at the time the visa was issued, such as prior overstays.

Intent to do something other than what the visa was issued for.

Other documentary deficiences such as expired passport.

Violations of the NSEERS program.

The subject not being qualified, or the job not qualifiying for the visa they were granted.

The people that issue visas are known to make a lot of mistakes. So a visa is never a guarantee.

Stuart Brook

codyVA wrote:

    > have anyone been refused entry on H1B ? I'm curious if that's even
    > possible or if that happens. What could be the reason? Aren't
    > immigration officers from the same agency as those who give you I-797?
    > If you were granted the status and visa whouldn't that be enough?
    >

Of course it's possible. And yes it does happen. The reason ...
usually because the job isn't what it was portrayed to be - how do they
find out? What's in your luggage.

codyVA

'Of course it's possible. And yes it does happen. The reason ...
usually because the job isn't what it was portrayed to be - how do they
find out? What's in your luggage.[/QUOTE]'

What do you think could be in the luggage? H1B it's not so simple to get. I just read that from over 40K petitions this year half have been rejected. Sounds like very difficult prossess to pass through for me.

Stuart Brook

codyVA wrote:

    >>codyVA wrote:
    >>>have anyone been refused entry on H1B ? I'm curious if that's even
    >>>possible or if that happens. What could be the reason? Aren't
    >>>immigration officers from the same agency as those who give you I-
    >>>797?
    >>>If you were granted the status and visa whouldn't that be enough?
    >>Of course it's possible. And yes it does happen. The reason ...
    >>usually because the job isn't what it was portrayed to be - how do
    >>they
    >>find out? What's in your luggage.
    >
    >
    > 'Of course it's possible. And yes it does happen. The reason ...
    > usually because the job isn't what it was portrayed to be - how do they
    > find out? What's in your luggage.[/QUOTE]'
    >
    > What do you think could be in the luggage? H1B it's not so simple to
    > get. I just read that from over 40K petitions this year half have been
    > rejected. Sounds like very difficult prossess to pass through for me.
    >

Yeah ... usually because a) the person really isn't qualified for the
H1B by lack of education or experience, or b) the job doesn't qualify
for the H1B program, or c) because the person doesn't qualify for the
job (hiring a graphic designer as a programmer ... it happens), or d)
insufficient documentation.

Now, as to what's in the luggage? The typical catches are employment
letters or business cards that give you a different job title that is
inconsistent with the H1B or describing duties inconsistent with the job
title ... like the Systems Analyst who's job card says Sales Manager.

mapso

Ha...now you've given me another reason to worry, as if I needed one! I know each case is different, but surely you're okay if your US job title/responsibilities pretty much mirrors the same as what you've been doing for a few years in the UK? Backed up by the relevant degree, of course.

Could someone please let me know what the process is upon arrival? I know as a tourist you just go through a long line and get your passport looked at. What queue do H1 people join? Is every H1 entrant, regardless of situation, taken off to a room and interrogated? Advice will definitely be appreciated!

Bob

Same long queues....

Stuart Brook

mapso wrote:

    >>codyVA wrote:
    >>>>codyVA wrote:
    >>>>>have anyone been refused entry on H1B ? I'm curious if that's even
    >>>>>possible or if that happens. What could be the reason? Aren't
    >>>>>immigration officers from the same agency as those who give you I-
    >>>>>797?
    >>>>>If you were granted the status and visa whouldn't that be enough?
    >>>>Of course it's possible. And yes it does happen. The reason ...
    >>>>usually because the job isn't what it was portrayed to be - how do
    >>>>they
    >>>>find out? What's in your luggage.
    >>>'Of course it's possible. And yes it does happen. The reason ...
    >>>usually because the job isn't what it was portrayed to be - how do
    >>>they
    >>>find out? What's in your luggage.[/QUOTE]'
    >>>What do you think could be in the luggage? H1B it's not so
    >>>simple to
    >>>get. I just read that from over 40K petitions this year half
    >>>have been
    >>>rejected. Sounds like very difficult prossess to pass through
    >>>for me.
    >>Yeah ... usually because a) the person really isn't qualified for the
    >>H1B by lack of education or experience, or b) the job doesn't qualify
    >>for the H1B program, or c) because the person doesn't qualify for the
    >>job (hiring a graphic designer as a programmer ... it happens), or d)
    >>insufficient documentation.
    >>Now, as to what's in the luggage? The typical catches are employment
    >>letters or business cards that give you a different job title that is
    >>inconsistent with the H1B or describing duties inconsistent with the
    >>job
    >>title ... like the Systems Analyst who's job card says Sales Manager.
    >
    >
    > Ha...now you've given me another reason to worry, as if I needed one!
    > I know each case is different, but surely you're okay if your US job
    > title/responsibilities pretty much mirrors the same as what you've
    > been doing for a few years in the UK? Backed up by the relevant
    > degree, of course.
    >
    > Could someone please let me know what the process is upon arrival? I
    > know as a tourist you just go through a long line and get your passport
    > looked at. What queue do H1 people join? Is every H1 entrant, regardless
    > of situation, taken off to a room and interrogated? Advice will
    > definitely be appreciated!
    >

If all your ducks are in a row, you don't have a problem ... i.e. you
have a degree ... your job title matches what the H1B is for etc.

You just get in the same line as everyone else. At the counter, you
present your passport with the H1B visa stamped in it, and the I-797
Notice of Action employment approval and a completed WHITE I-94 (not the
GREEN I-94W) and you request entry in NEW H1B status.

You may be asked to go to another office, or if it's not too busy and
the officer feels like it, may simply stamp the passport and I94 right
then and there. If you're asked to go to another office, it may not be
at all significant ... he may simply consider himself too busy to
process it then and there, or the station may want all such approvals
done by specific officers.

Have your job offer ready and waiting, along with a copy of your resume
in case it's asked for.

Take a photocopy of your I-797 for your own files, and a photocopy of
the job offer and resume for the INS officer in case they want to keep a
copy. They appreciate it if they don't have to make a trip to the
photocopier!

J. J. Farrell

codyVA <member27336@british_expats.com> wrote in message news:<[email protected] om>...
    >
    > 'The applicant fails to convince the inspector at the Port of Entry
    > that he will fulfil the terms of his H-1B petition.'
    >
    > -How can you not fulfil it

Not working for the petitioning company would be the most obvious.

    > or how can you prove you won't.

It's rarely a question of proof. Consider the following hypothetical
interview at the Port of Entry:

Inspector: What is the name of the company you are joining?
Applicant: I can't remember.
Inspector: What does the company do?
Applicant: Something to do with computers, I think.
Inspector: Where is the office that you'll be working at?
Applicant: I'm not sure. I think it's in California, or perhaps
it's in Connecticut.
Inspector: When are you starting work?
Applicant: Probably in about 6 months time.

If you were the Inspector, would you be convinced that this
applicant were going to start work for his sponsoring company,
at the approved job, at the approved location, within a few
days of entry?

That's obviously a ridiculously extreme example, but it shows
what's going on at the inspection desk. It's not about proof,
it's about convincing the Inspector that everything is as it
should be.

    > H1B does allowed the 'dual intent', doesn't it?

Yes. What does that have to do with anything?

    > 'They're both part of Homeland Security.'
    >
    > -So how come they would negate Homeland Securitys (USCIS) decision of
    > granting this person H1B? (I-797 and the visa are different things).

They don't negate anything. An I-797 indicates that the job and
salary qualify for H-1B, and that your qualifications match those
required for the job. The Inspector at the Port of Entry checks
that you meet all the conditions for you to enter the country in
H-1B status. The I-797 doesn't say anything about whether or not
you regularly commit genocide, or once had a puff on a reefer 40
years ago. It's the Inspector's job (and the Consulate's) to check
these things.

codyVA

The I-797 doesn't say that but people who granted you that have couple of months to check you and not issue if they had any doubts. The Inspector at POE has what 5-20 minutes do that? Comparing to months I would say it's nothing.. By the way, I never went through that process so I can just ask question. Don't know how it looks like at all.

J. J. Farrell

"codyVA" <member27336@british_expats.com> wrote in message
news:[email protected] m...
    > > codyVA <member27336@british_expats.com> wrote in message
    > > news:<[email protected] om>...
    > > >
    > > > 'The applicant fails to convince the inspector at the Port of Entry
    > > > that he will fulfil the terms of his H-1B petition.'
    > > >
    > > > -How can you not fulfil it
    > >
    > > Not working for the petitioning company would be the most obvious.
    > >
    > > > or how can you prove you won't.
    > >
    > > It's rarely a question of proof. Consider the following hypothetical
    > > interview at the Port of Entry:
    > >
    > > Inspector: What is the name of the company you are joining?
    > > Applicant: I can't remember.
    > > Inspector: What does the company do?
    > > Applicant: Something to do with computers, I think.
    > > Inspector: Where is the office that you'll be working at?
    > > Applicant: I'm not sure. I think it's in California, or perhaps
    > > it's in Connecticut.
    > > Inspector: When are you starting work?
    > > Applicant: Probably in about 6 months time.
    > >
    > > If you were the Inspector, would you be convinced that this
    > > applicant were going to start work for his sponsoring company,
    > > at the approved job, at the approved location, within a few
    > > days of entry?
    > >
    > > That's obviously a ridiculously extreme example, but it shows
    > > what's going on at the inspection desk. It's not about proof,
    > > it's about convincing the Inspector that everything is as it
    > > should be.
    > >
    > > > H1B does allowed the 'dual intent', doesn't it?
    > >
    > > Yes. What does that have to do with anything?
    > >
    > > > 'They're both part of Homeland Security.'
    > > >
    > > > -So how come they would negate Homeland Securitys (USCIS) decision
    > > > of
    > > > granting this person H1B? (I-797 and the visa are different things).
    > >
    > > They don't negate anything. An I-797 indicates that the job and
    > > salary qualify for H-1B, and that your qualifications match those
    > > required for the job. The Inspector at the Port of Entry checks
    > > that you meet all the conditions for you to enter the country in
    > > H-1B status. The I-797 doesn't say anything about whether or not
    > > you regularly commit genocide, or once had a puff on a reefer 40
    > > years ago. It's the Inspector's job (and the Consulate's) to check
    > > these things.
    > The I-797 doesn't say that but people who granted you that have couple
    > of months to check you and not issue if they had any doubts. The
    > Inspector at POE has what 5-20 minutes do that? Comparing to months I
    > would say it's nothing..

You're not thinking. How can the USCIS know, when they adjudicate
your employer's application, whether or not you will be working for
that employer when you try to enter the USA two years later? How
can they know whether or not you will have been persuaded two years
later to join some extremist group, and be falsely using your H-1B
to enter the USA with nefarious intent?

The job when adjudicating the petition is to check that the job is
appropriate for an H-1B and that your qualifications also are.

The job of the Consulate is to look into your history and check
that there's nothing that prevents your having a visa.

The job of the Inspector at the Port of Entry is to check that you
are still someone who should be allowed to enter the USA (who knows
what you've been up to since you got a visa some years earlier),
and that you are planning to abide by the terms of your visa on
this particular entry to the USA.

Each has a different and valid purpose. It is patently obvious that
the only people who can check your status and intent at the time of
entry to the USA are the people who inspect you when you apply to
enter the USA.