Port of Entry-

[Vijay10]

Hi All,

 

I had my successfully H1B stamping at vancouver in August 2013, then I came back to US for 15 days and had to travel India for some family issues, at that time I had my job but after coming to India with in 3 weeks, I was fired and currently I dont have any job but my payroll is being run by my employer. I am planning to travel at end of october to usa but I am worrried what would be my situation at port of entry at IAD (Washington DC) as I dont have any job.

What should I answer if the officer asks me where do you work as my last LCA shows the client location but I dont have that job anymore, I also have client letter which I took for my stamping but worried if the officer calls the manager to find if i still have the job or not and my employer is located in differnet state. Please advise.

Is the port of entry at IAD would be better option?

[jairichi]

Hi All,

 

I had my successfully H1B stamping at vancouver in August 2013, then I came back to US for 15 days and had to travel India for some family issues, at that time I had my job but after coming to India with in 3 weeks, I was fired and currently I dont have any job but my payroll is being run by my employer. I am planning to travel at end of october to usa but I am worrried what would be my situation at port of entry at IAD (Washington DC) as I dont have any job.

What should I answer if the officer asks me where do you work as my last LCA shows the client location but I dont have that job anymore, I also have client letter which I took for my stamping but worried if the officer calls the manager to find if i still have the job or not and my employer is located in differnet state. Please advise.

Is the port of entry at IAD would be better option?

DO NOT ENTER when you do not have authorized employment in US. If caught lying you might face DEPORTATION and LIFE LONG BAN. You need a job if you are entering US on a H1B visa. Otherwise, look for a job when you are in India and travel when your H1B petition gets approved. 

[omshiv]

Jairichi is correct. Do not come to the US if you do not have a job....read similar stories where people have been Deported back from POE. Find a project and come back only if you have a job.

[pontevecchio]

"{ I was fired and currently I dont have any job but my payroll is being run by my employer"

 

Why is payroll being run if you have been fired? Be extremely careful.

[permaudit]

"{ I was fired and currently I dont have any job but my payroll is being run by my employer"

 

Why is payroll being run if you have been fired? Be extremely careful.

 

Your employer is the one holding your job and you would technically be out of job if your employer fires you. From what you have mentioned, I understand you lost your client assignment and not your job. Keep in mind, your employer(one holding your H1) is solely responsible for hiring and firing you and no on else. You might have lost your client assignment but that is no way related to your job as your employer is supposed to pay, if they have work for you. Since he is paying you, that means you are still working for them regardless of the client. 

 

If he is paying you, that means you are still employed to him. Now give the situation of the location, your employer should take care of that. Employers office location would be the your primary work location if you not working for any client and LCA/H1 needs to be updated/amended based on that.

 

Considering the typical "Desi" bodyshops which completely function on the client assignments, its always risky to work for them.. All the best!!

[pontevecchio]

I would read" payroll being run" as meaning something else. Being paid is not the same thing as running payroll in the lexicon of many DCC'S.

[Vijay10]

Thanks all for your suggestions, I still hold a valid H1B visa and my employer hasn't fired me. It was the client and my employer still runs my payroll. In some of my friends cases I heard at POE the officer asked only about employer details and not the client information. But I will still talk to my attorney in this regards.

[omshiv]

Thanks all for your suggestions, I still hold a valid H1B visa and my employer hasn't fired me. It was the client and my employer still runs my payroll. In some of my friends cases I heard at POE the officer asked only about employer details and not the client information. But I will still talk to my attorney in this regards.

 

You never know...they might even ask about your Client and the Client letter...dont take risks...follow the rules.

 

Never take vacations when working with the Client.

[Tjgarla]

The only thing you can do is that do not mention you work for a client. Let the POE office know you work full time with the employer and they have internal project or product development. 

[jairichi]

The only thing you can do is that do not mention you work for a client. Let the POE office know you work full time with the employer and they have internal project or product development. 

His documents would show his client name and address. If caught telling a lie, OP is looking at a life long ban as gift. Do not give wrong suggestions.

[JoeF]

The only thing you can do is that do not mention you work for a client. Let the POE office know you work full time with the employer and they have internal project or product development. 

The OP can only do that if it is indeed the TRUTH.

Rule #1: NEVER NEVER NEVER lie to an immigration official.

A lie could result in a lifelong ban.

And they can find out.