H4 EAD daily commute with H1B Holder

[vik321]

Hi, I am on H1b and my wife on H4 EAD . We are PR of Canada and with jobs in Detroit . Planning to move soon to Windsor and daily commute to USA. Can my wife commute everyday to USA for work on H4EAD? We plan to commute in same car to avoid hassle. I am sure there will be less questions asked for H1b but not sure about H4 EAD ( is it allowed?).

Appreciate everyone help. I would be glad to help for anything and will post my experiences soon.

 

[VOBuckeye]

Hi, I am on H1b and my wife on H4 EAD . We are PR of Canada and with jobs in Detroit . Planning to move soon to Windsor and daily commute to USA. Can my wife commute everyday to USA for work on H4EAD? We plan to commute in same car to avoid hassle. I am sure there will be less questions asked for H1b but not sure about H4 EAD ( is it allowed?).

Appreciate everyone help. I would be glad to help for anything and will post my experiences soon.

I don't see why not with a valid H4 visa she should be able to commute with no issues. But just check with a qualified immigration lawyer to be sure. Or you can call CBP to ask. I called them one time to ask about crossing using COPR on a bus and they were pleasant about it.

 

[H1B_140approved_CanadaPR]

Hi, I am on H1b and my wife on H4 EAD . We are PR of Canada and with jobs in Detroit . Planning to move soon to Windsor and daily commute to USA. Can my wife commute everyday to USA for work on H4EAD? We plan to commute in same car to avoid hassle. I am sure there will be less questions asked for H1b but not sure about H4 EAD ( is it allowed?).

Appreciate everyone help. I would be glad to help for anything and will post my experiences soon.

You guys will be fine.

 

[vik321]

Thanks for quick responses!
One of my friend in same situation was told last year that her H4 visa and EAD is cancelled since you are not resident of USA. But was told conflicting info. upon next entry ( that its okay). So i was just checking if someone actually commutes daily on H4 EAD. Thanks Again.

 

[H1B_140approved_CanadaPR]

Not a lawyer to give you legal advice but just an advice from a friend.. worst case you can have a room etc. with address in US and stay once in while there. That way you can tell officer you commute for work and 'sometime you can' stay , and your spouse joins you on trip.

 

[DEEPCUR]

Thanks for quick responses!
One of my friend in same situation was told last year that her H4 visa and EAD is cancelled since you are not resident of USA. But was told conflicting info. upon next entry ( that its okay). So i was just checking if someone actually commutes daily on H4 EAD. Thanks Again.

I doubt this story. Visa and residence have no connection. Visa just gives entry to US and i94 dictates everything after that. The only time I have heard of it getting cancelled is when one gets DUI or getting another visa.

 

[justinline]

I think ...for commute you will show the H4 visa and I94, I dont think EAD is valid for commute or re-entry......unless it explicitly says its a valid AP as well. I dont believe the H4 EAD says that.

You are right in concerns regarding residency and EAD, because those are valid concerns vis a vis GC related EAD. I believe this is a grey area and CBP officials can have different interpretations.

Talk to a lawyer.......just my opinion.

 

[harirajmohan]

Hi, I am on H1b and my wife on H4 EAD . We are PR of Canada and with jobs in Detroit . Planning to move soon to Windsor and daily commute to USA. Can my wife commute everyday to USA for work on H4EAD? We plan to commute in same car to avoid hassle. I am sure there will be less questions asked for H1b but not sure about H4 EAD ( is it allowed?).

Appreciate everyone help. I would be glad to help for anything and will post my experiences soon.

I dont think you can use H4's EAD as you lose H4 when you move to Canada.
When i asked for renewing my family's H4 (during the time i told that we are moving to Windsor in 2 months), my lawyer said we are not eligible for H4. So i think that H4's EAD also would become worthless as we dont retain H4 status.
Consult a lawyer and dont get into trouble at the border which will be on your record.

 

[DEEPCUR]

I dont think you can use H4's EAD as you lose H4 when you move to Canada.
When i asked for renewing my family's H4 (during the time i told that we are moving to Windsor in 2 months), my lawyer said we are not eligible for H4. So i think that H4's EAD also would become worthless as we dont retain H4 status.
Consult a lawyer and dont get into trouble at the border which will be on your record.

Not true in any way. Your lawyer meant something specific for your situation. Since your family was moving out of the country, you are not required to file extension of stay for them and your lawyer has meant that they are not eligible in that context. However it is essential to file extension for H1 because one needs to extend the work authorization too in addition to extension of stay. In case of H4 holders, extension merely means their stay gets extended in US through a new i94. That doesn't mean that they are eligible for H4 at all. They can get the H4 stamped at a consulate using your H1 approval and enter US without any issues. Also tons of people have valid H4 stamping and live in India. Or go back to India for an extended period and come back later all the time.

You should read up and correct yourself on this topic.. Already you provided the same wrong information in the below link and continue to do the same even after someone personally clarified that they got their H4 visa without any issues for similar Canadian PR circumstances.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/commuting-between-canada-and-usa-on-a-h4-need-urgent-advice.467557/#post-5786993

In the Avvo link provided in above post, an attorney has clarified that too.

 

[harirajmohan]

Not true in any way. Your lawyer meant something specific for your situation. Since your family was moving out of the country, you are not required to file extension of stay for them and your lawyer has meant that they are not eligible in that context. However it is essential to file extension for H1 because one needs to extend the work authorization too in addition to extension of stay. In case of H4 holders, extension merely means their stay gets extended in US through a new i94. That doesn't mean that they are eligible for H4 at all. They can get the H4 stamped at a consulate using your H1 approval and enter US without any issues. Also tons of people have valid H4 stamping and live in India. Or go back to India for an extended period and come back later all the time.

You should read up and correct yourself on this topic.. Already you provided the same wrong information in the below link and continue to do the same even after someone personally clarified that they got their H4 visa without any issues for similar Canadian PR circumstances.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/commuting-between-canada-and-usa-on-a-h4-need-urgent-advice.467557/#post-5786993

In the Avvo link provided in above post, an attorney has clarified that too.

Yes, I am not saying that you can not receive H4 through principal's H1. Of course, any first H4 stamping comes through principal's H1 only. H4 extension is merely an extension which i knew. This is not a mandatory document for stamping or reentry as principal's H1 I797 is the only thing matters.
Here the point is that if the person who is H4 stamped moved to Canada can come daily to work based on H4EAD. I think this wont be possible as he/she wont even be admitted on H4 (even if you have stamping) as a commuter if you move to Canada hence it wont be possible.
I think that H4 will be issued only if you intent to reside in US, not for just daily commuter.

 

[harirajmohan]

Ok...so you know more than an attorney?
why not open a law form?... you "think"...? This is a forum for sharing true information and not your views/thoughts. Please refrain from doing so.

It seems that you can take it if we people view differently that yours. I cannot help for that.
Yes, some of the attorneys are not good enough for sure. And i am not saying that i know more than anyone else (including attorneys or someone in this forum). Always other people know more than us in any field.
I say what i know and what i analyzed. As i am not an attorney and i did not study the law (like you too and most in the forums), i have to say sometimes "Think" because we in the forums do not encounter all the issues directly in the same way OP faces.

You think that you know more and wanted others to agree to it. I dont have any issue in agreeing to you if i think its correct in my view. I wont say that i wont agree just because you expressed a different view of the same issue.

Please try to adjust with others view and try to analyze why i say, if not i believe that you should refrain from writing in forums.
I am also here with same good intention to help others. You and i are not attorneys.

 

[Cubicrootofthee]

How does the entry stamp on the paper work? Do you have to keep getting new passports it is there a frequent traveler card of sorts?

Also, how does commuting affect Canada citizenship application later?

 

[Harigalent]

It seems that you can take it if we people view differently that yours. I cannot help for that.
Yes, some of the attorneys are not good enough for sure. And i am not saying that i know more than anyone else (including attorneys or someone in this forum). Always other people know more than us in any field.
I say what i know and what i analyzed. As i am not an attorney and i did not study the law (like you too and most in the forums), i have to say sometimes "Think" because we in the forums do not encounter all the issues directly in the same way OP faces.

You think that you know more and wanted others to agree to it. I dont have any issue in agreeing to you if i think its correct in my view. I wont say that i wont agree just because you expressed a different view of the same issue.

Please try to adjust with others view and try to analyze why i say, if not i believe that you should refrain from writing in forums.
I am also here with same good intention to help others. You and i are not attorneys.

Folks- I heard few people had hard time entering the US after doing their soft landing on H4 Visa (She is the only CANADA PR applicant. I am in the US on H1b for couple for years. SHE HAS H4 VISA STAMPED FOR 2.5 YEARS)

My Question:
1. My wife applied for Canada PR and got her COPR a few weeks back. It is expiring April 2021. Her plan does soft landing in Vancouver and return to the US in a few days. Our friend will mail the PR card to our US Address.

But DO YOU THINK SHE WILL HAVE ANY ISSUES AT THE US HOMELAND SECURITY?

2. I heard few people had issues while returing to US on Valid H4 visa. Officer asked them about why returning to the US while having Canada PR.

3. Any similar situations faced by anyone? Please help.

4. What should my spouse answer if the same question asked by the US officer?

6. Any spouses with H4 did Canada PR soft landing & returned to the US? What were the questions asked at US Officer on the return to the US?

Please help help!

 

[scylla]

Folks- I heard few people had hard time entering the US after doing their soft landing on H4 Visa (She is the only CANADA PR applicant. I am in the US on H1b for couple for years. SHE HAS H4 VISA STAMPED FOR 2.5 YEARS)

My Question:
1. My wife applied for Canada PR and got her COPR a few weeks back. It is expiring April 2021. Her plan does soft landing in Vancouver and return to the US in a few days. Our friend will mail the PR card to our US Address.

But DO YOU THINK SHE WILL HAVE ANY ISSUES AT THE US HOMELAND SECURITY?

2. I heard few people had issues while returing to US on Valid H4 visa. Officer asked them about why returning to the US while having Canada PR.

3. Any similar situations faced by anyone? Please help.

4. What should my spouse answer if the same question asked by the US officer?

6. Any spouses with H4 did Canada PR soft landing & returned to the US? What were the questions asked at US Officer on the return to the US?

Please help help!

FYI - make sure she waits until after COVID-19 to soft land. Right now there is a mandatory 14 day quarantine for all those who enter Canada. So she would not be able to enter right now and then leave again in just a few days.

 

[Harigalent]

FYI - make sure she waits until after COVID-19 to soft land. Right now there is a mandatory 14 day quarantine for all those who enter Canada. So she would not be able to enter right now and then leave again in just a few days.

Thanks Scylla! Appreciate ur response.
Any details about the above mentioned questions?