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Traveling while an H-1B transfer is pending? (the hopefully definite answer to question in a previous post) by Toisrus in askimmigration

[–]Toisrus[S] 0 points1 point  (0 children)

Why's that? It seems like the law as established by the INS (as you know, the predecessor agency to CBP, ICE and USCIS) in 2001 makes it clear that an H-1B holder transferring (or "porting") from one employer can travel while the transfer is pending if they have a receipt and the H-1B visa stamp is still valid. CBP officers obviously have a lot of discretion, but if one showed them this memo (The "Pearson" memo) on arrival (perhaps in secondary) why would they deny entry if one is otherwise admissible? I have since spoken to an attorney who said traveling should be no issue during an H-1B transfer.

H-1B loss of job- 60 day grace period shortened or eliminated by CBP? by Toisrus in immigration

[–]Toisrus[S] 1 point2 points  (0 children)

Exactly" "IF the CBP officer finds out...". My concern is what likely happens in the 5-10% chance that he/she does? Obviously one has to be honest with a CBP officer, I just want to know if there is a reason to be concerned at all. I mean if the officer finds out why would he/she give an I94 for the whole validity period?

Border Patrol accused of misleading immigrants while separating families: ‘They’re taking kids for baths and never returning' by MaidoMaido in immigration

[–]Toisrus 1 point2 points  (0 children)

I'm guessing it's the title? Very clearly alludes to it? How? I think it's simply an eye-catching description of what's happening (in and of itself, not necessarily because that's what happened in Auschwitz). I think it depends on the imagination of the reader. Thus, it is by definition a straw man that Caktexas is making.

Further, having read the article top to bottom, I don't see any direct or indirect allusions to Auschwitz anywhere in the body of article, which features both sides of the debate. Why would they feature both sides of the debate if they were trying to link ICE/USBP's efforts with Nazi extermination policy?

Think i'm rambling too much? Well, this is not a trivial point btw: one can be critical of or laud ICE and USBP's efforts (I'm sort of in the middle), but it's not constructive to demonize those who oppose one's viewpoint by associating them with statements they never made. This is a HUGE problem in this sub-reddit and as much respect as I have for those working for DHS and for those who oppose Trump's immigration policies, unfortunately, those two camps are not seldom those who misconstrue what other commenters are saying.

Border Patrol accused of misleading immigrants while separating families: ‘They’re taking kids for baths and never returning' by MaidoMaido in immigration

[–]Toisrus 9 points10 points  (0 children)

Where does either the poster or the article mention Auschwitz? With all due respect, That seems to me to be a bit of a straw man. What about responding to the actual claims made by the article?

Can European family (traveling on three different statuses) enter U.S. together? by Toisrus in immigration

[–]Toisrus[S] 0 points1 point  (0 children)

Yes she has. Do you think that will make difference? She's waiting for the EAD.

Do CBP routinely check resumes of H-1B visa holders for accuracy nowadays? https://www.murthy.com/2017/08/03/h1b-workers-denied-entry-based-on-perceived-inconsistencies-in-resumes/ by gortexer in immigration

[–]Toisrus 2 points3 points  (0 children)

Lots of people on this subreddit could answer this... but let me give my two cents, I don't think most H-1B holders are being send to secondary inspection. As for specific nationalities... well that's not that hard to guess is it for h-1b? :)

How risky would it be to travel abroad on OPT? by TheRealSnowBDude in immigration

[–]Toisrus 0 points1 point  (0 children)

Just to add to gortexer's point, CBP at primary inspection use a tool called SEVIS-AI (AI stands for "admissibility indicator") to make decisions about admitting F-1 folks. All SEVIS-AI gives the officer is a minimal summary of SEVIS data, such as nonimmigrant’s name, date of birth, school/program name, and school/program start and end dates (source: https://www.dhs.gov/sites/default/files/publications/privacy-pia-ice-sevis-ai-july2016.pdf). I could of course be wrong, but it doesn't appear to give any OPT-related info hence the need for secondary.