ajthakur
07-14 06:09 PM
I know I acted irresponsibly. Under the circumstances I had to. The person employing me was trying to use me for (something) for which my conscience didnt allow. So the decision to quit was best. I can't write all the circumstances here. I knew I could get into problems with immigration department for my irrational yet moral decision to quit company before 180 days. I think this problem with USCIS is far more acceptable than doing something for your employer that your heart doesnt allow you to.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
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pappu
07-24 10:56 AM
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
shantanup
10-28 01:44 PM
Finally, notarized and faxed the letter today.
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pointlesswait
02-04 10:31 AM
some jack left me a message calling me ignorant.
ppl here are discussing his topic to death.. abt changing the per country quota.
No one here wants to even ponder that.. immigration into US is a not a random act.
The policy makers and thinkers may have spent many sleepless nights to arrive at the thought of giving every global citizen an equal opportunity to migrate to this "land of opportunity".
So even an attempt to remove per country quota is absurd and retarded thought.
Be practical and make more realistic suggestions..
a.) IF someone has been inthis country for 10 years ..F1->H1, he shoudl qualify for EAD (no constrains) , until the visa number become avaliable.
b.) Allow for simultaneous 140-485 filing..
so if peeps here think that i am ignorant for saying that attempt to remove country quota is a non-starter.. think again.. DF's
ppl here are discussing his topic to death.. abt changing the per country quota.
No one here wants to even ponder that.. immigration into US is a not a random act.
The policy makers and thinkers may have spent many sleepless nights to arrive at the thought of giving every global citizen an equal opportunity to migrate to this "land of opportunity".
So even an attempt to remove per country quota is absurd and retarded thought.
Be practical and make more realistic suggestions..
a.) IF someone has been inthis country for 10 years ..F1->H1, he shoudl qualify for EAD (no constrains) , until the visa number become avaliable.
b.) Allow for simultaneous 140-485 filing..
so if peeps here think that i am ignorant for saying that attempt to remove country quota is a non-starter.. think again.. DF's
more...
ca_immigrant
01-16 06:07 PM
I am ok so far (as far as I know), but keep worrying about what could happen...I wish I had better control over my mind and did not worry about all the things that could go wrong....I have a 3 year old and at times when I am chatting to her my mind is running all over the world thinking of all the possible things that could go wrong...
I remember one of my friends once telling me when I told him about being worried about lay offs...he said...come on, that is like worrying about a earth quake....
Let us hope that things improve soon !!
I remember one of my friends once telling me when I told him about being worried about lay offs...he said...come on, that is like worrying about a earth quake....
Let us hope that things improve soon !!
Macaca
04-04 04:08 PM
IEEE-USA has recently changed their site. Earlier their title was H1B visa. Now the title is Immigration Reform.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
more...
perm2gc
01-02 05:58 PM
Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks
Please check the first page on the thread.you will see the content to post.
thks
Please check the first page on the thread.you will see the content to post.
thks
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feedfront
10-21 01:26 PM
Hi Guys
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Congrats dude, I had told you to hang in there and you would hear something in a week or two.
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Congrats dude, I had told you to hang in there and you would hear something in a week or two.
more...
Jaime
09-10 12:15 PM
You have contributed 1000s of dollars to Social Security and if you don't fight for it, anti-immigrants will kick you out of the U.S. by frustrating you to the limit, and your Social Security money will go to fund Lou Dobb's retirement and that of others, except yours!
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Almond
07-05 01:44 PM
OK, you two, I see what you're saying. So one has to pay for the right to start a new thread. In that case those who have questions will start PMing those who seem to know stuff or going offtopic in random threads.
more...
pzh
07-16 06:18 PM
There isn't a single fact that is true in this fax here. I don't know how groups like this get taken seriously if they don't even do basic research on what they are sending to congresspeople.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
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mbawa2574
02-15 02:06 PM
http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
more...
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Macaca
01-26 08:29 AM
Finally, I understood the purpose of this forum. No, the title is not wrong.
I understand that you are
1. explaining retrogression, and
2. predicting time it will take a person to get GC.
The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.
If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).
I have the following suggestions. I will help after I read everything. Give me some time.
1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.
2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.
3. This complete report has URL to USCIS data.
4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.
USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.
5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.
6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.
I understand that you are
1. explaining retrogression, and
2. predicting time it will take a person to get GC.
The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.
If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).
I have the following suggestions. I will help after I read everything. Give me some time.
1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.
2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.
3. This complete report has URL to USCIS data.
4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.
USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.
5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.
6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.
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eb3India
06-12 06:58 AM
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
more...
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logiclife
12-26 03:46 PM
I see an increasing incidence of activities/offers/utilities with restrictions, citizen/green card status only, here are some examples, perhaps others can share experiences too:
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
I dont think you need a transit visa for Charles De Gaulle airport anymore. They used to have that if you dont have a valid visa you were going to use for return trip. I think that's gone. It caused Air France to lose a lot of business and they probably got that removed by French Govt.
About AMEX, Discover, Citi issues, I guess the business is theirs to lose. There will always be competition to pick up that demand. If they are going to be picky, they are going to lose a half a million potential customers to someone else. They are not the only ones in creditcard, banking business.
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
I dont think you need a transit visa for Charles De Gaulle airport anymore. They used to have that if you dont have a valid visa you were going to use for return trip. I think that's gone. It caused Air France to lose a lot of business and they probably got that removed by French Govt.
About AMEX, Discover, Citi issues, I guess the business is theirs to lose. There will always be competition to pick up that demand. If they are going to be picky, they are going to lose a half a million potential customers to someone else. They are not the only ones in creditcard, banking business.
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hsm2007
09-23 02:18 PM
Hi abd,
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
more...
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BharatPremi
09-26 10:22 AM
Dear Editor and Eilene Zimmerman,
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
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h1techSlave
02-03 11:00 AM
I agree with you completely. Removing the country quota is one thing the lawmakers should be able to push through.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
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feedfront
09-14 04:03 PM
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
desi chala usa
09-18 12:59 PM
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
sugaur
05-28 09:44 PM
I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
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