My deportation story


dracarus

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Hi All-

 

I've been working in Chicago from past 5 years working at a Client 'A' through a Vendor 'B'. Until 2010, I was working with same client and same vendor but with origial petitioner who is not located in chicago. In 2010, transferred my H1 to a different company who is unfortunately (will tell you why) located elsewhere than chicago but with same client and vendor. Everything was going smooth until Sept 2013. 

 

After few weeks of vacation, was travelling back with family in sept 2013. At the port of entry, officers found upon 3 hours wait and 2 hours discussions that employer employee relationship does not exist and made me withdraw admission and made me pay for tickets and sent back. Its a different story altogether how our airport people treat a 'deportee'.

 

Here are the few questions and i dont know which one triggered the event. 

 

Why are you coming here when your employer is elsewhere?

Who is your client?

How many employees of your employer work at your client site?

Who assigns day to day work to you?

Do you have a client identification card?

Do you have a client letter?

Why did you go to Canada for stamping?

..

...

 

Thats the first round of questions at the port of entry counter. he took us to a room where they made us wait for 3 hours and questioned for another 2 hours. 

 

So folks, If you are falling under above scenario,

 

1) Better go to your employer's place first and then go to your client site.

2) Don't go to Canada or Mexico for H1B stamping. I heard this rarely triggers everything.

3) If you have not visited your employer location once, make a visit, understand the demographics.

 

90% H1Bs are in my situation and i was only the one caught. So just be prepared.

 

All the best.

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I am very sorry to hear this. Some airport employees are overly jealous about their work and mostly because of lack of drama and excitement they would do such a thing.

 

But that being said, this is not a new thing, that at the port of entry, the H1B holders are being asked about the client and the employer location and details and stuff. I think this has been in news from about 2010. 

 

But again, I am very sorry. Hope you were able to get your apartment in US vacated in our absence and any of your possessions (like car, household stuff) taken care of.

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There are two 'red' flags with the situation described that highlight the employer - employee problem, and neither has to do with the location of your 'employer'.  One is that you changed employers, but that had no change on the vendor and client.  Changing employers, but staying with the same client and vendor is a sure sign of a lack of employer - employee relationship.  There maybe a relationship with the vendor, but not the employer.  (The exception would be if the second employer had purchased the first employer.)  Two is that you never were at your employer's office (regardless of their location), which signals that you did not work for the employer. but were in effect an "independent contractor" contracted out to the vendor and client.

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Anything with middle vendors is suspicious, because in almost all such cases the employer-employee relationship doesn't exist,.

This has been known for quite some time, and people like me have warned about it for years.

As I always say, it is better to listen to the people who warn about this on forums than to experience the problem in front of an immigration officer.

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