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I was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Die
by mabbo 9y ago
I was just at a wedding on the weekend and was chatting with a friend who had that happen two weeks ago. He spent 4 days in a US Border patrol jail near San Diego, sleeping beside MS-13 members.
He was forced to buy a last-minute-priced plane ticket back to Canada. His car is currently somewhere in an impound lot in San Diego. His possessions are in his apartment in the bay area. Until he resolves his H1B issues, he can't re-enter the country.
Edit: Makes for a hell of a story though. "How's it going?" "Oh, just got out of jail down in Mexico" "... what?"
- toomuchtodo 9y agoDoes he need help getting his car and stuff back to Canada to prevent incurring excessive costs/penalties?
- mabbo 9y agoHe's got enough friends in the bay area to have himself covered in that regard. Right now I believe his biggest problem is renting an apartment in Canada to establish as his official primary residence so that he can enter the US as a visitor to go get his stuff. Pretty shitty deal all around though.
- pmiller2 9y agoWouldn't establishing himself as a visitor undermine his status as a guest worker? Or is that already off the table?
- bflesch 9y agoDid he overstay? I don't understand how people can run into trouble with H1B visas.
- f4rker 9y agoThis is the real question.
- deleted 9y ago[deleted]
- mabbo 9y agoSomething to do with changing jobs, then having the new job fall through a month later. He thought he had 60 days to get a new job (which is pretty easy for developers these days). The border guards had not heard of such a rule.
- BeetleB 9y ago>The border guards had not heard of such a rule. Because there isn't any. There is no grace period at all.
- tdhoot 9y agoIANAL, but that's not true since Jan 2017. There is a 60 day grace period, but only once per validation period. http://www.immi-usa.com/60-days-h1b-grace-period-2017-final-rule/ http://www.immi-usa.com/60-days-h1b-grace-period-2017-final-...
- enra 9y agoPerhaps obvious in hindsight but in that situation I definitely would not leave the country and especially try to re-enter the country unless my paperwork was in perfect order (lawyer prepared it for you). One mistake like that can ruin your visa situation forever.
- geoka9 9y agoSince he's Canadian, it's probably a TN visa, not H1B?
- desdiv 9y agoNothing in the post suggests the person is a Canadian citizen. Going by all the clues, it sounds like they are a Canadian permanent resident.
- Mikeb85 9y agoNot OP, but my sister and brother-in-law (both born in Canada) have constant issues re-entering the US, despite both having up to date visas and never having changed jobs. Mostly because of dumb-ass border agents. They've never been denied entry, but it's always a 5 hour long ordeal.
- mabbo 9y agoWhen I was first at Amazon in Seattle (later moved back to Toronto) it became known that if you had a TN visa, you didn't cross at a specific Vancouver-area crossing. There was just one guy there who had decided he didn't like the TN visa program, and tore up every single one he saw.
- illumin8 9y agoThat's horrible. I hope the worker was reported and sent to prison.
- Mikeb85 9y agoHappens more often than you think. It's not something that comes from the lawmaking side, but seems border agencies just have shitty cultures, uneducated officers and too much authority since they're part of the national security apparatus.
- 9y ago