H4 (EAD Holder) can daily commute from Windsor to Detroit?

[coolusa]

I am a H4 EAD holder (US dependent visa-Work authorization card) and landing in Canada soon. My spouse (H1B holder) will be staying in US another 2 yrs after Canada soft-landing.
My spouse spent 5 yrs on H1B and have approved I140 (no hope for PD to current in nearby future).We don't have valid US visa stamped in our passports but have approved I797 (with I94) valid till 2021.

1) Can a H4 EAD person commute daily from Windsor to Detroit, working for a US employer? Employer is OK to have Work From Home 1 day/week and other 4 days need to present at office (~25 miles daily travel).
Will I have any issues while crossing the border? Do I need stamped visa ?

2) We are planning, my spouse will visit to my place in Canada (say 2 times in a month and spend some 4 days) and return back to US. Will he need to have stamped visa? Approved I797 will be sufficient to return to USA?

Please guide

 

[harirajmohan]

I am a H4 EAD holder (US dependent visa-Work authorization card) and landing in Canada soon. My spouse (H1B holder) will be staying in US another 2 yrs after Canada soft-landing.
My spouse spent 5 yrs on H1B and have approved I140 (no hope for PD to current in nearby future).We don't have valid US visa stamped in our passports but have approved I797 (with I94) valid till 2021.

1) Can a H4 EAD person commute daily from Windsor to Detroit, working for a US employer? Employer is OK to have Work From Home 1 day/week and other 4 days need to present at office (~25 miles daily travel).
Will I have any issues while crossing the border? Do I need stamped visa ?

2) We are planning, my spouse will visit to my place in Canada (say 2 times in a month and spend some 4 days) and return back to US. Will he need to have stamped visa? Approved I797 will be sufficient to return to USA?

Please guide

As far as i know, you cannot use it if you move out of US.
Reason: H4 EAD is itself not a status but H4 is a status. So if you are on H4 then you can use its EAD - same like using EAD while on F1 status.

H4 is for dependents who accompany the principal applicant and if that dependent is not there to accompany then there is no need for CBP to issue H4 status. My lawyer said that they cannot process H4 once my family move to Canada for the same eligibility reason.

I doubt that you can even use H4 to commute(forget about using EAD).

Daily commute:
Irrelevant of having stamping, First month travel will be more hassle before things cool down at the border crossing.
If no stamping then they will ask too many questions and often (once in 2-3 days) will send you for secondary inspection which will be of another 30-60 mins.

Others might have different opinion. Either way, try to get the lawyer's suggestion before you plan further or try this option to avoid issues at the border.

 

[thisworks]

I am on an H4 Visa, and I also have an H4 EAD. I have traveled abroad, including Canada and Mexico, multiple times over the past year - all by myself. In fact, I went to Canada for my first H4 stamping, and to Mexico for my second H4 stamping - unaccompanied by my H1b spouse.

 

[anika016]

I am on an H4 Visa, and I also have an H4 EAD. I have traveled abroad, including Canada and Mexico, multiple times over the past year - all by myself. In fact, I went to Canada for my first H4 stamping, and to Mexico for my second H4 stamping - unaccompanied by my H1b spouse.

Irrelevant to the above situation. You can travel to any number of countries. OP is talking about commuting and working in the USA, while the domicile is in Canada.

 

[coolusa]

As far as i know, you cannot use it if you move out of US.
Reason: H4 EAD is itself not a status but H4 is a status. So if you are on H4 then you can use its EAD - same like using EAD while on F1 status.

H4 is for dependents who accompany the principal applicant and if that dependent is not there to accompany then there is no need for CBP to issue H4 status. My lawyer said that they cannot process H4 once my family move to Canada for the same eligibility reason.

I doubt that you can even use H4 to commute(forget about using EAD).

Daily commute:
Irrelevant of having stamping, First month travel will be more hassle before things cool down at the border crossing.
If no stamping then they will ask too many questions and often (once in 2-3 days) will send you for secondary inspection which will be of another 30-60 mins.

Others might have different opinion. Either way, try to get the lawyer's suggestion before you plan further or try this option to avoid issues at the border.

**I saw your comment for the similar questions in another forums**
I am confused on your statement "H4 is for dependents who accompany the principal applicant and if that dependent is not there to accompany then there is no need for CBP to issue H4 status. My lawyer said that they cannot process H4 once my family move to Canada for the same eligibility reason." - Yes your attorney is right , they can not process H4 once your family move to Canada. But he might told you about H4 extension OR change of status (For these two cases, person need to present in US). If the H4 person left US with expired visa stamp, she need to appear for consular interview for either for change of status or new/extended H4 status (not considering drop box process here).It is not required that H1B person required all time when H4 person enters to US. Correct me if I am wrong.

In my scenario, H4 person is going to Canada and H1 person remains in US. H4 person is authorized to work in US based on approved EAD card (having approved I140). So when H4 person daily enters to US, he will get H4 status and he can reenter Canada using PR card. What all issues H4 person will face at boarder?

 

[harirajmohan]

**I saw your comment for the similar questions in another forums**
I am confused on your statement "H4 is for dependents who accompany the principal applicant and if that dependent is not there to accompany then there is no need for CBP to issue H4 status. My lawyer said that they cannot process H4 once my family move to Canada for the same eligibility reason." - Yes your attorney is right , they can not process H4 once your family move to Canada. But he might told you about H4 extension OR change of status (For these two cases, person need to present in US). If the H4 person left US with expired visa stamp, she need to appear for consular interview for either for change of status or new/extended H4 status (not considering drop box process here).It is not required that H1B person required all time when H4 person enters to US. Correct me if I am wrong.

In my scenario, H4 person is going to Canada and H1 person remains in US. H4 person is authorized to work in US based on approved EAD card (having approved I140). So when H4 person daily enters to US, he will get H4 status and he can reenter Canada using PR card. What all issues H4 person will face at boarder?

I am doubting on H4 eligibility itself - Accompanying/Joining the H1 spouse. Spouse travel (twice a month) indicates that your spouse is not near Detroit hence how would you convince the border official daily that you are entering US to accompany him?
Why would any official agree to let you inside the country for accompanying H1 spouse just during day time? Dependent is who depends on H spouse but you stay in another country which eliminates dependency and accompanying H spouse. So not sure you are eligible. May be I am wrong as this is new scenario to me too - only lawyer can interpret more.
Unless you gain H4 status you cannot use EAD.
Did you talk to any lawyer? What are they saying?

 

[harirajmohan]

@harirajmohan you need to correct yourself again, this is not the first time you are providing false information. H4 and H4 EAD are perfectly fine to commute on work. EAD is a work permit and H4 is visa. Visa is for entry and EAD is for work.

If i am wrong then why are you not telling how the op is eligible to travel which is the question i raised. Having travel document doesnt mean that he/she is eligible to gain entry. Instead of answering that question, simply asking me to correct doesnt help me/op. I am open to take any view point which is different than mine as long as i get explanation. I dont gain by telling my view which is different than yours.

Visa is for entry but the candidate should establish eligibility each and every time while seeking entry. There is no automatic entry for foreigners.

 

[thisworks]

Travelling for work as long as you have valid work permit and a visa, you are good. Doesnt matter if you commute everyday or every hour. There are bunch of attorney confirmed forums that convey the same.

That's what I thought as well.

Irrelevant to the above situation. You can travel to any number of countries. OP is talking about commuting and working in the USA, while the domicile is in Canada.

see above.

 

[rakakatoofaan]

Here in Detroit, officers have told me, they will not allow my H4 - EAD spouse to enter states and work. She has both H4 and B1 stamped on her passport. She can still come in and meet her friends or go to a restaurant or shopping in the US.

 

[DEEPCUR]

Here in Detroit, officers have told me, they will not allow my H4 - EAD spouse to enter states and work. She has both H4 and B1 stamped on her passport. She can still come in and meet her friends or go to a restaurant or shopping in the US.

What is the justification they are giving for that? Their jobs ends with allowing someone in US.. EAD is given by USCIS for the spouse to work. I am not able to find any law that says H4 EAD holder must have US residence.

 

[coolusa]

What is the justification they are giving for that? Their jobs ends with allowing someone in US.. EAD is given by USCIS for the spouse to work. I am not able to find any law that says H4 EAD holder must have US residence.

That's what I am also thinking....H4 visa is to enter US. Why security officer need to know whether spouse is going to work or not. Also EAD card is not stamped on passport....

 

[rakakatoofaan]

What is the justification they are giving for that? Their jobs ends with allowing someone in US.. EAD is given by USCIS for the spouse to work. I am not able to find any law that says H4 EAD holder must have US residence.

Well, this is what I have been told. I have spoken to 10+ attorneys, and they have said, there is no such rule. I even went through a link, which an attorney gave to me and I keep that in my car, which illustrates that there sis no law. Also, there is another letter which another immigration lawyer gave to me. All attorneys have said, it is up to the Officer to allow or not allow a person into the country.

My wife has left her job, and she has not crossed into US. Moreover, She has both H4 and B1 stamped. I will update the forum, if I hear more on this.

Personally, I spent like 2 months to talk to 10+ lawyers on this and then later, I kind did not pursue this further, as My wife left her job, for some other reason and I think it does not make sense for her to commute everyday.

 

[rakakatoofaan]

Hmm...interesting. Did your spouse try to enter the US on H4 or did you just ask them? I am not sure of they clearly understood that your spouse has a work permit from USCIS. BTW, USCIS determines if a person should be working in the US

We used to cross the border into Canada, to see the future houses and then come back. None of those times, the officer said anything, as we were living in the US. One time, while She was living and working in the US and I was returning from Canada, after seeing a house, I was told, she cannot work in the US, if you guys live in Canada, and commute to the US. Also, the officer said, it was a benefit given to the spouses, whose H1B spouses are living in the US, and meet the residency requirements, by the previous President.

Furthermore, this is what one of the lawyers wrote to me; "I apologize for the delay in getting back to you. What I think is happening is that the regulations with H-4 visas is that they be given only to the dependent spouses of H-1B visa holders "who are on their way to legal permanent resident status". In order to obtain legal permanent residency, you have to meet residency requirements in the U.S. So the thinking would be that while your H-1B visa is perfectly valid for you to work in the U.S., the H-4 is not valid because you are not well on your way to obtaining legal permanent residency. If you moved into the U.S., your wife's H-4 visa and EAD would be valid."

 

[rakakatoofaan]

That's what I am also thinking....H4 visa is to enter US. Why security officer need to know whether spouse is going to work or not. Also EAD card is not stamped on passport....

Some officers said, they would not allow her to enter on H4. While my wife was not with me, I was asked to get a B1 for her. We brought this up at the Toronto Embassy. They said, yeah it makes sense just to have both Stamped, for "JUST IN CASE". Even the Embassies, know this can happen, and the CBP officers have complete authority in finding a person admissible.

 

[DEEPCUR]

We used to cross the border into Canada, to see the future houses and then come back. None of those times, the officer said anything, as we were living in the US. One time, while She was living and working in the US and I was returning from Canada, after seeing a house, I was told, she cannot work in the US, if you guys live in Canada, and commute to the US. Also, the officer said, it was a benefit given to the spouses, whose H1B spouses are living in the US, and meet the residency requirements, by the previous President.

Furthermore, this is what one of the lawyers wrote to me; "I apologize for the delay in getting back to you. What I think is happening is that the regulations with H-4 visas is that they be given only to the dependent spouses of H-1B visa holders "who are on their way to legal permanent resident status". In order to obtain legal permanent residency, you have to meet residency requirements in the U.S. So the thinking would be that while your H-1B visa is perfectly valid for you to work in the U.S., the H-4 is not valid because you are not well on your way to obtaining legal permanent residency. If you moved into the U.S., your wife's H-4 visa and EAD would be valid."

Well that lawyer's explanation/interpretation is not very convincing at all. Looks somewhat baloney in fact.There is no legal requirement for meeting residency to get legal permanent residency aka green card. Just because it said on their way to permanent residency, it doesn't imply that they need to be resident.

If one is going to look things that way, even the H1b s on 6+ year extension, who have approved i140 and commute daily should be stopped too.. because these people too are on their way to permanent residency and their extension benefits are solely based on that.

It is definitely a grey area as there is no law allows or prohibits H4 EAD holders from commuting.