H1B renewal/exrension while in Canada (Daily commute)

[coolusa]

hello,
I have moved to Canada on PR and still working on H1B (Daily commute). Stamped h1 visa expired last week, having i797A till 2015 Feb.
My H1B (i94) is going to expire and need new extension and going to start the process.
*I am still having a home in US(rented out)

How to proceed the extension process
1. Do I need to be inside US during start from application , till gets approval? Considering premium process
2. OR apply for extension with Consular process at Canada?
3. Can I use AVR and travel after the filing?
@harirajmohan

 

[harirajmohan]

hello,
I have moved to Canada on PR and still working on H1B (Daily commute). Stamped h1 visa expired last week, having i797A till 2015 Feb.
My H1B (i94) is going to expire and need new extension and going to start the process.
*I am still having a home in US(rented out)

How to proceed the extension process
1. Do I need to be inside US during start from application , till gets approval? Considering premium process
2. OR apply for extension with Consular process at Canada?
3. Can I use AVR and travel after the filing?
@harirajmohan

I dont know when you moved but if you are recently moved then they might start asking questions and stopping at the border frequently if the border guys didnt issue new I94. it depends totally as some do and some wont try to expect paper i94 issued at border. I feel like the border guys at land border issues paper I94 to easily identify the daily commute guys.

Either way, you need surely valid visa to cross the border or valid I94(if you are still maintaining status within 2 countries by entering US every 30 days). As you are daily commuting i dont see an issue(except sometimes they might stop you at border which you already may be encountering) but not an issue to enter.

But surely you need approval before your current I94 expires. So best bet, get it via premium whether you pay or company pays.

1. You need to be inside US on the day of filing to extend your current I94. later you dont need to be in US(but need to maintain status till approval by at least commuting often).
when my last extension was filed, i was commuting and i was asking my company to do the premium to avoid border issue and commute trouble and finally 1-2 weeks before current i94 expires i received the approval doc. The new intelligent lawyer(which got changed to new law company at that time) possibly didnt do the checkmark for extending the I94 status while filing which i got to know after receiving the approval. Either way, we need approved doc to get admission at border hence get your approval before current one expires.
2. No need of consular processing.
3. No relation of using avr and extension. Avr is just to use expired visa to enter the country based on current valid existing issued I94.

 

[coolusa]

I dont know when you moved but if you are recently moved then they might start asking questions and stopping at the border frequently if the border guys didnt issue new I94. it depends totally as some do and some wont try to expect paper i94 issued at border. I feel like the border guys at land border issues paper I94 to easily identify the daily commute guys.

Either way, you need surely valid visa to cross the border or valid I94(if you are still maintaining status within 2 countries by entering US every 30 days). As you are daily commuting i dont see an issue(except sometimes they might stop you at border which you already may be encountering) but not an issue to enter.

But surely you need approval before your current I94 expires. So best bet, get it via premium whether you pay or company pays.

1. You need to be inside US on the day of filing to extend your current I94. later you dont need to be in US(but need to maintain status till approval by at least commuting often).
when my last extension was filed, i was commuting and i was asking my company to do the premium to avoid border issue and commute trouble and finally 1-2 weeks before current i94 expires i received the approval doc. The new intelligent lawyer(which got changed to new law company at that time) possibly didnt do the checkmark for extending the I94 status while filing which i got to know after receiving the approval. Either way, we need approved doc to get admission at border hence get your approval before current one expires.
2. No need of consular processing.
3. No relation of using avr and extension. Avr is just to use expired visa to enter the country based on current valid existing issued I94.

@harirajmohan Thank you for the reply....You are a life saviour...Thanks for providing guidlines since 2019

On this topic I have a small question also. My stamped visa expired. I have I797A with current employer valid until Feb 2025..At border they stamped already showing H1B valid until Feb2025., and current I94 also reflecting the same.I am using AVR to commute daily with these.
1. heard like H1 extension completely changed to online and no need toFedex the package, is that true?
2. If the extension is fully online now, Let's say a scenario like I am moving with premium and attorney is filing the extension TODAY evening and I came to US today morning. Will leave today night back to Canada. Is that a good action?
3. If my extension filed TODAY and can I enter to US tomorrow using AVR and current I797A ? OR I should not enter back until I gets the approval?

 

[harirajmohan]

@harirajmohan Thank you for the reply....You are a life saviour...Thanks for providing guidlines since 2019

On this topic I have a small question also. My stamped visa expired. I have I797A with current employer valid until Feb 2025..At border they stamped already showing H1B valid until Feb2025., and current I94 also reflecting the same.I am using AVR to commute daily with these.
1. heard like H1 extension completely changed to online and no need toFedex the package, is that true?
2. If the extension is fully online now, Let's say a scenario like I am moving with premium and attorney is filing the extension TODAY evening and I came to US today morning. Will leave today night back to Canada. Is that a good action?
3. If my extension filed TODAY and can I enter to US tomorrow using AVR and current I797A ? OR I should not enter back until I gets the approval?

1. No idea as my extension is due next year end.
2. You dont need to be there while they are upgrading to premium. It matters only on the day the filed I129 on which you would be in status to request extension of status.(later whether you return on same or not, it doesnt matter)
3. Yes you would have entered US on the day the file reaches USCIS. The extension filed with uscis is nothing to do with avr you use later after exiting US - both actions are separate.
Technically, uscis officer should usually check your current status on the day he/she approves and either extend with I94 or approving without extended i94. By law, they can avoid extending i94 if you are not in US on that day when he/she tries to check status to extend while approving the petition.
But in any case, it wont matter as you are going with premium and you have work approval till feb anyway hence even if you get approval without i94, you can walk in next day at border to get extended I94 based on new approval.

Not sure if you noticed but do not go for new I94 at border office till few days before because the guys at border deduct the number of days gap in your new I94(meaning if your current i94 expires on 21Feb2025 and your new approval doc says approved till 20Feb2028 and you walkin on 11Jan2025 to get new I94 then they will give you new I94 till 10Jan2028). It happened to me at least twice.

 

[swan0206]

@harirajmohan Thank you for the reply....You are a life saviour...Thanks for providing guidlines since 2019

2. If the extension is fully online now, Let's say a scenario like I am moving with premium and attorney is filing the extension TODAY evening and I came to US today morning. Will leave today night back to Canada. Is that a good action?

Its better to avoid leaving the country the same day. Give it a day and then you can leave. So that they know that you are inside the country the day packet reached USCIS or on the filing day. USCIS do not look deeper into the timings when you entered the country and when you left. So do not hurry . Give it a day and you should be good.

 

[coolusa]

@harirajmohan [Urgent]
Thanks for your earlier guidance. My Company Applied H1B Extension on 6th Dec in Premium (I was inside US on that dayof filing) and got Approved Today just now (Attorney got e notification of approval, no I797C yet).I am now inside US.My current I797A is valid until feb 2025, I have been commuting last few days using AVR. I asked my attorney whether I can go back using current I797A or not.
My attorney recomending not to go out US until I recieve I797A stating " : I would not recommend it – just because we do not have the new I-797C in hand to confirm the dates entered on the new I-94 (the dates on the approval email are not always reliable). By waiting for the new I-797, we would avoid any inference that you’ve “overridden” the extension by reactivating the old I-797 after the new one was approved".

Is it feasible me to travel back to Canada (by road) before generating I797C?

 

[harirajmohan]

@harirajmohan [Urgent]
Thanks for your earlier guidance. My Company Applied H1B Extension on 6th Dec in Premium (I was inside US on that dayof filing) and got Approved Today just now (Attorney got e notification of approval, no I797C yet).I am now inside US.My current I797A is valid until feb 2025, I have been commuting last few days using AVR. I asked my attorney whether I can go back using current I797A or not.
My attorney recomending not to go out US until I recieve I797A stating " : I would not recommend it – just because we do not have the new I-797C in hand to confirm the dates entered on the new I-94 (the dates on the approval email are not always reliable). By waiting for the new I-797, we would avoid any inference that you’ve “overridden” the extension by reactivating the old I-797 after the new one was approved".

Is it feasible me to travel back to Canada (by road) before generating I797C?

Per my understanding and experience, the system at cbp doesnt get updated at all till cbp issues new I94(or updates with new dates for the same I94 on a new entry to US after showing new approval).
Example on why I94 wont get overridden: One candidate can process multiple H1 and can receive multiple I94 dates. And candidate can choose any of the company to start working as long as there is no change of status to different visa category.

I assume that you are on avr with current approval for which you have I94 till Feb2025 and trying to go back to Canada and start commuting? As long as you have current valid I94(not including the petition approved today), i dont see any issue.

Point to note: No one knows if you will actually get a new I94 along with approval. Last time i didnt get it for some reason - my attorney missed it after verifying I-129 copy.

So you should at least be on AVR with valid I94 to commute. if you are already commuting on AVR, i dont see an issue but its always go with your lawyer as they are the ones going to help for any issues and will have support with the company.
If you can work from home then you can simply go to Canada and wait for approval. Or, you can wait in US till you receive approval. Its not that you cannot travel, but going with company's words are better to follow since they are the ones sponsoring(even though they dont really consider our headache and expenses and pain).

 

[coolusa]

@harirajmohan Thank you… my H1 extension just got approved today (attorney got email today notification, no i797A or C..email shows I94 same as the current i94 number, email shows validity until 2027. uSCIS case status showing “Approved”). I was using AVR since the day of application till today morning.
Today now I am in US. Attorney says I should remain in US until I get I 797C or I797A hard copy. Can’t I return back to Canada today?

 

[swan0206]

@harirajmohan Thank you… my H1 extension just got approved today (attorney got email today notification, no i797A or C..email shows I94 same as the current i94 number, email shows validity until 2027. uSCIS case status showing “Approved”). I was using AVR since the day of application till today morning.
Today now I am in US. Attorney says I should remain in US until I get I 797C or I797A hard copy. Can’t I return back to Canada today?

I did below while I had my petitions pending with USCIS in premium.
Case 1: Travelled back once I have received the Receipt notice which I have confirmed with the attorney which took almost 10working days.
Case 2: Travelled back after the packet reached USCIS.
In both the sceanarios I got my petition approved and got my i797A shipped to my Canadian address!

Meanwhile I remember travelling on my old i797 couple of times till I got my new i797 in hand.

 

[Mum2Can]

I did below while I had my petitions pending with USCIS in premium.
Case 1: Travelled back once I have received the Receipt notice which I have confirmed with the attorney which took almost 10working days.
Case 2: Travelled back after the packet reached USCIS.
In both the sceanarios I got my petition approved and got my i797A shipped to my Canadian address!

Meanwhile I remember travelling on my old i797 couple of times till I got my new i797 in hand.

Does the above scenario apply to H-1B transfers (change of employer)?
- my case 1: In August 2024, my H-1B extension was approved in 3 days, and then I traveled back to Canada.
- my case 2; Currently I'm in the US; my H-1B transfer applied in Premium on 13th Jan 2025, awaiting approval. Should I wait till approval or can I travel now as well?(considering current situation under new presidency)

@swan0206 , @harirajmohan

 

[swan0206]

Does the above scenario apply to H-1B transfers (change of employer)?
- my case 1: In August 2024, my H-1B extension was approved in 3 days, and then I traveled back to Canada.
- my case 2; Currently I'm in the US; my H-1B transfer applied in Premium on 13th Jan 2025, awaiting approval. Should I wait till approval or can I travel now as well?(considering current situation under new presidency)

@swan0206 , @harirajmohan

case 2: You can still travel back and re-enter until you start working with your new employer. Nothing changes until your new petition is approved. Only thing that would trigger with extension or even transfer is an unknown RFE. But even then, I would say this still this holds good. I don't think there is an issue even under new presidency.
ps: If you wanna wait till approval to be on safer side, yes, that would be better deal!

 

[Mum2Can]

case 2: You can still travel back and re-enter until you start working with your new employer. Nothing changes until your new petition is approved. Only thing that would trigger with extension or even transfer is an unknown RFE. But even then, I would say this still this holds good. I don't think there is an issue even under new presidency.
ps: If you wanna wait till approval to be on safer side, yes, that would be better deal!

Thanks for your response; this is really helpful.
My H-1B petition got approved yesterday after posting on this thread. I got an approval confirmation today, and I have travelled immediately back to Canada.

 

[swan0206]

Thanks for your response; this is really helpful.
My H-1B petition got approved yesterday after posting on this thread. I got an approval confirmation today, and I have travelled immediately back to Canada.

Oh thats nice to know. Congrats

 

[Mum2Can]

@swan0206 @harirajmohan: I hope you can help with this query.

I'm in Canada now after my H1-B transfer, planning to go US 1 day before my new employer joining and after my LWD (last working day) with current employer. As I'm a Canadian citizen + have current employer I797A (new employer I797A will receive after joining).

Is it safe to travel with current employer I797A + Canadian passport?
or should I travel on LWD of my current employer to avoid any issue? what you suggest.

 

[swan0206]

@swan0206 @harirajmohan: I hope you can help with this query.

I'm in Canada now after my H1-B transfer, planning to go US 1 day before my new employer joining and after my LWD (last working day) with current employer. As I'm a Canadian citizen + have current employer I797A (new employer I797A will receive after joining).

Is it safe to travel with current employer I797A + Canadian passport?
or should I travel on LWD of my current employer to avoid any issue? what you suggest.

I know this is your first time going through all this but it doesn't really matter. Until and unless you provide them your new i797 they do not know when is your last day and when is your first day at new job. So chill, travel normally like how you used to travel for your old work place.