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H1B employees sent back from Airports after Christmas & New Year Holidays

Some of H1B employees who are returning to US for their jobs from India were sent back home after the Christmas / New Year holiday from various airports, Newark, NJ, and JFK in New York, NY. Murthy.com reports the whole situation here in this detailed post.

The USCIS issued employee-employer definition on Jan 8′ 2010 is here. The FAQ from USCIS is available here. This FAQ anwers many questions like H1-B employees changing employers.

Two ways of H1-B employees removal process discussed in the same Murthy post.

If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States.

If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one’s own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.


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Posted By: Kalyan | Date: January 24, 2010 | Categories: Immigration

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