The "new rule" does not say H1-Bs should "arrive at the place of work"; that is patently absurd. At issue is a memo on the definition of "Employee-employer" relationship that the USCIS came up with a while ago. It affects H1Bs working at third party client sites. Officers at certain ports of entry have freely interperted this memo resulting in a messed up situation.
Look, "body shoppers" have played fast and loose with US Immigration law for more than a decade. The law is catching up with them and there is no point in going berserk over this. Of course, the Immigration attorneys would have you believe that the Devil has taken over the USCIS; that is their job.
Rediff is compromising its credibility by printing populist nonsense.
Re: False!
by sunny jain on Jan 25, 2010 10:51 PM
I understand the rule has been made to catch the "body shoppers"...but such kind of deportation news does creates concern for people on genuine H1B jobs. Should I always arrive at my city of work for immigration process ? even though the only flight from india to my city comes after 2 long stops ? I always loved to take the Newark flight...it is so convinient.
"The new rule stipulates that those who arrive on a work visa should 'arrive at the place of work'."
I dont understand. "..should 'arrive at the place of work'."? How? Say that the site of work is in Iowa or South Carolina. They need to continue from Newark to those places. Why deport them from Newark itself? Either Am I reading this correctly. Lot of immigration officers are a messed up bunch who have only graduated from high school, never gone to a college or univ.
Re: They need to arrive at the port of entry!
by Sujit Jain on Jan 25, 2010 09:48 PM
i guess, in this case it meant one have to get connecting flight from Newark to South Carolina (or destination) instead of checking out at Newark itself (if Newark is not workplace ) !!
Re: Re: They need to arrive at the port of entry!
by SUBRAMANIAN RAMAKRISHNAN on Jan 25, 2010 10:27 PM
Sujit, let me assure you that the USCIS memo says nothing about the actual port of entry for H1Bs. Think about it! If you flew into, say Newark, you cannot board a connecting flight without going through Customs and Immigration. Indeed, many small airports don't have an Immigration desk and as such are not equipped to receive international passengers. It is ridiculous to presume that any "new rule" will insist that a H1-B clear immigration at an airport at the place of work. What if there is no airport at the place of work? What if the H1B chooses to drive down from Canada (or up from Mexico!) or arrive by ship?
Re: Re: They need to arrive at the port of entry!
by Endangered Indian on Jan 25, 2010 09:51 PM
Mr. Jain, You are absolutely correct. Your port of entry cannot be different from your place of work as per this new rule
Re: Re: Re: They need to arrive at the port of entry!
by Kumar M on Jan 25, 2010 10:00 PM
That does not make sense. If there is no direct flight from Europe to Columbia, SC or Des Moins, Iowa, then where else they can go?
Re: Re: Re: Re: They need to arrive at the port of entry!
by Endangered Indian on Jan 25, 2010 10:05 PM
They take a connecting flight form any of the major international airports in US to their port of destination. You must be knowing the fact that to take a connecting flight you don't need to "check out" from the airport even if the terminals are interconnected by airport shuttles. So if you want to go to Columbia, SC or Des Moins and India does not have any direct flights to those destinations, you have to come to any major international airport (like JFK, Newark, Dulles, LAX, SFO) etc and then board onto a US domestic flight from there to your final destination immigrate from there only.
Re: Re: Re: Re: Re: They need to arrive at the port of entry!
by Endangered Indian on Jan 25, 2010 10:30 PM
This was not to my knowledge. Sorry for the mis-information considering Mr. Rana is right.
Re: Re: Re: Re: Re: They need to arrive at the port of entry!
by vikas rana on Jan 25, 2010 10:27 PM
Well to correct you. To take a connecting flight after entering to US you have to go through the "check out" process. The city you entered first in US is supposed to be the PORt of entry and one has to do all the formalities in order to travel further. After immigration only you are allowed to move your baggage domestic circuit.
Re: Re: Re: Re: Re: They need to arrive at the port of entry!
by Endangered Indian on Jan 25, 2010 10:27 PM
Question is did you actually "check out" from JFK into NY city through the immigration? Or you just got your papers checked, got your connecting flight and flew to Cincinnati and actually checked out from there. In any case, it's mentioned in the article that this is a "new rule", whether it's for better or worse!
Re: Re: Re: Re: Re: They need to arrive at the port of entry!
by Kumar M on Jan 25, 2010 10:15 PM
When I cam to US long back, I got into JFK, they checked my papers and I flew to Cincinnati where I collected my baggage. Unless the rules have changed.
Americians get visa to india within a week,i struggling to get K1 visa for 9 months now ,the consulate in india (chennai) is harassing with lots of paper work,they are treating indian like a jack ass.they stay in our country and do that to indians..indians who working there also act like americians.they spoiled our weddings date plans.God will never spear to does people who acts high headed and racist..
Re: They get visa to india within a week?
by jay b on Jan 25, 2010 10:27 PM
so if you feel that way you still want god to do what you think is right, this too much practical attitude is not going to work for desis for long. i see that attitude in desis in the US all the time . When things are a bit good(i.e hardly 10% of the time) they outright deny discrimination when talking to fellow desis and when they experience the same(80 to 90% time) there is nobody to support them .
Is not it strange that although we are the guys doing all the tough work and still we are dependent on other countries when it should be that they are dependent on us.
After this new rule , my project lost mutliple contractors who were on h1b. My company is planning to outsource it and move project to one of the indian company.
Re: I hate working in IT Indian companies
by Kayko Boloon on Jan 25, 2010 08:25 PM
The perfect Southie politician. If you are Kannadiga, blame the Andhraite. If you are Andhraite, blame the Tamilian. If you are Tamilian, blame the Mallu. All are birds from the same gutter - THE SOUTH. Good rule that the Americans have come up with. This should reduce the filth coming into the US.
Re: I hate working in IT Indian companies
by surya on Jan 25, 2010 05:47 PM
If they are from Andra, are you from Andromeda(galaxy)? One fine day you will say that all IT companies out side India treat employees like swines?
Re: I hate working in IT Indian companies
by Sathish N on Jan 25, 2010 05:47 PM
Expect filth where the pay is more. Lot of politics, backstabbing are expected where skill required is not much, but money involved is more proportationate to the skill. It is all because $1 = Rs.46
Re: Re: I hate working in IT Indian companies
by drax on Jan 25, 2010 05:54 PM
U r wrong ..working outside is million times better ..better lifestyle ..no trashing on valentines day ..no ram sena chhhutiyas
Re: Re: Re: I hate working in IT Indian companies
by Sathish N on Jan 25, 2010 05:59 PM
It is not a matter of right or wrong. It is a matter of personal preference. Some care more about self-esteem/trying to make the place one was born better and some others care about money/lifestyle/be able to touch a bleached man. What is right for you could be wrong for another.
Re: Re: Re: Re: I hate working in IT Indian companies
by trollll on Jan 25, 2010 06:01 PM
What abt Indians who went to Uganda , Tanzaia , Nigeria Japan..
Pursuit of Happiness is the basic essence of life ..rest all comes later ..now how each defines Happiness is subjective
Re: Re: Re: Re: Re: I hate working in IT Indian companies
by Sathish N on Jan 25, 2010 06:04 PM
exactly my point. Happiness is subjective and is based on personal preferences. It is just a matter what we value more.
Re: Re: Re: Re: Re: I hate working in IT Indian companies
by Subhash Sharma on Jan 25, 2010 09:15 PM
japan can not be included in this list..i mean list of nigeria , uganda etc.... i was in japan for 4 mnths it is gr8 country ..much better then US
Re: Re: Re: Re: Re: I hate working in IT Indian companies
by trollll on Jan 25, 2010 06:07 PM
so drax is right too abt chuuuuutiyas and ur right too..Nobel Prize winner Venkataraman/Amartya Sen and Pt.Ravi Shankar etc etc have no fuvckking self esteem
Folks who deported should be happy that they will not have to face the economic collapse of US. Things are going to get lot worse in US. Unemployment at all time time. Lay-off happening in county jobs too, including Teachers.
Re: Blessing in disguise
by Andy Louis on Jan 25, 2010 05:55 PM
Agreed but the brunt should not fall on those travelling legally. We are not refugees or illegal migrants like the mexicans or the south americans entering the US. This is called injustice and it should not be taken in a positive stride. If US wants to stop Indians entering their land, they should stop them legally using law. This is ridiculous humiliation for the families who are travelling legally.
Re: Re: Blessing in disguise
by Sathish N on Jan 25, 2010 06:02 PM
Hopefully it is still a blessing in disguise. However, the act itself by US immigration is wrong and it is only right to return back the favour during an opportune time. Is there is a better option, that should be good.
