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

[coolusa]

Just started doing this few days ago, no issues. Just have valid visas and you are good.

Hi, you started commute means, you are currently having valid H4 visa (and having H4 EAD valid and working for a US employer) and crossing the border now daily? Please update

 

[coolusa]

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.

I agree with you....I am thinking like the lawyer misunderstood H4 and H4 EAD Card....

 

[coolusa]

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."

I have some doubts in attorney's reply.

"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."
I am confused on Lawyer statement “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".-----------The first part is correct, H4 is for H1 dependents.

Second part "who are on their way to legal permanent resident status"---------- that’s not correct. H4 can be obtained before H1 person apply for “Legal permanent status aka Green card (In order to obtain H4 visa, spouse should have approved H1).Even I had stamped H4 visa in my passport (applied after my spouse H1 visa got approved in 2015. I did H4 extension in 2016& 2018 along with my spouse’s H1 extensions and got approved I797. I dont have stamped visa in my passport because I didnt go outside of US after the H4 extension approval. Till now I did extension 2 times and visa stamping 1 time (initial one in 2015).

“In order to obtain legal permanent residency, you have to meet residency requirements in the U.S.”-----Yes that is correct. The residency requirements attorney mentioned is I think employer need to show the future employment availability (for employment based green card) OR Sponsorship from a US blood relation OR Investment type visa. These are popular requirements for legal permanent residency aka green card. There are many other types also.

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.--------------Fully confused about this sentence

 

[lampbreaker]

If the CBP agents admit you in H1B and H4 status, then your status is valid and you can do whatever the status allows. If the CBP agent denies entry or allows entry only as a parole, then you cannot work because you no longer have H1B and H4 status.

 

[rakakatoofaan]

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.

Well as I have stated earlier, it all depends how the officer interprets it.

 

[rakakatoofaan]

CBP officer did not process the new H4 for my spouse and gave the rationale that she cannot give I-94 on H4 as I do not live in the country. She read the rule to me and said I interpret that your spouse cannot be processed on H4.

 

[rakakatoofaan]

I have some doubts in attorney's reply.

"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."
I am confused on Lawyer statement “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".-----------The first part is correct, H4 is for H1 dependents.

Second part "who are on their way to legal permanent resident status"---------- that’s not correct. H4 can be obtained before H1 person apply for “Legal permanent status aka Green card (In order to obtain H4 visa, spouse should have approved H1).Even I had stamped H4 visa in my passport (applied after my spouse H1 visa got approved in 2015. I did H4 extension in 2016& 2018 along with my spouse’s H1 extensions and got approved I797. I dont have stamped visa in my passport because I didnt go outside of US after the H4 extension approval. Till now I did extension 2 times and visa stamping 1 time (initial one in 2015).

“In order to obtain legal permanent residency, you have to meet residency requirements in the U.S.”-----Yes that is correct. The residency requirements attorney mentioned is I think employer need to show the future employment availability (for employment based green card) OR Sponsorship from a US blood relation OR Investment type visa. These are popular requirements for legal permanent residency aka green card. There are many other types also.

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.--------------Fully confused about this sentence

The context for last para is that, since I was not living in the Canada, her interpretation was that H4-Ead rule was a benefit given to thos, who were on their path to become PR in Canada and have left the country, so therefore, the officers think that your spouse cannot work, as the benefit is no longer applicable.

 

[rakakatoofaan]

Yes, Live in CA, work in US on H4 ead

Wish you all the best.

 

[rakakatoofaan]

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.

As I have said, again, may be I am wrong, it all depends on the CBP officer and how they interpret it.

 

[rakakatoofaan]

Been doing this for close to 2 months, if you cannot do it doesn't mean that anyone else can't.
Well either ways you talked to "10" attorney's....so you might have spent close to $3000 just for consultation. You would have been better of giving a try to enter on H4 and work...!!!

At the very outset, I think you are being pretty rude and arrogant. How did you even come to the conclusion that I might have paid like $3000 for consultation? Actually I did not even pay a single dime and even if I did, then I think it should not be addressed, in a accentuated way, the way you did.

You ridicule a situation, just because, your situation is different. Should be humble enough to know that, your immigration fate always hangs on a few steel strings. If just one of them breaks, your life might hang out of balance, on the stage of life, where you are just another puppet. I wish that this does not ever happen to you and you live a great life. Also, earlier, I had expressed my best to you, and mockery is what you give to me? Interesting; Exhibition of, the constructs, of a feeble human intellect.

I have always pointed out that the "10" attorneys, I have spoken to have always said you can enter into the US on H4 EAD, and I do not even know, why you write, ".....if you cannot do it doesn't mean that anyone else can't....". I have never implied that, others and I, cannot enter on H4/EAD. Please do your research on my posts, before writing, if you have time. Please refrain from posting incorrect information, which are just vague fragments of your imagination, thereby making you jump to conclusions.

Furthermore, we have a letter, from an attorney (Yeah, one of the 10 attorneys ) , which explains the work rights on EAD and would give it to the CBP officer, when/if that time comes. Additionally, if that time comes, I know how to exercise the rights that have been bestowed upon, by virtue of the situation I am in. I have even brought a lawsuit into motion against an entity, when they stepped on my ability to execute my rights. Fought that lawsuit, being an immigrant, in the US, for over 12+ months, as I have a tenacity for Justice, and won that case. Would have loved to give you the case number registered, in the great State of Michigan.

In Summary, let us not get personal or nit pick and work towards a common goal, to share information and help others, which is the core essence of this forum.

 

[DEEPCUR]

Guys one question.. if the primary H1B works in Detroit and let's say for discussion sake that H4 spouse works on H4 EAD.. what can be plan B if H4 EAD is revoked? Is Windsor good for IT jobs or should the entire family consider moving to Toronto.

 

[harirajmohan]

Guys one question.. if the primary H1B works in Detroit and let's say for discussion sake that H4 spouse works on H4 EAD.. what can be plan B if H4 EAD is revoked? Is Windsor good for IT jobs or should the entire family consider moving to Toronto.

I know that the folks are working in chrysler and greenshield. But other than that i dont know and my colleague (who is resident here for decades) says that not much jobs for IT.

But if you all move to Toronto then how would you commute to detroit?

 

[DEEPCUR]

I know that the folks are working in chrysler and greenshield. But other than that i dont know and my colleague (who is resident here for decades) says that not much jobs for IT.

But if you all move to Toronto then how would you commute to detroit?

Thanks for the inputs and yes that's why I had this question.. it might be game changer for many who maintain Canadian PR residing in Detroit. I'm not sure what else could be a plan B.

 

[ammenla]

Hi Everyone,

I am currently working in US on H1b and also holding a valid Canadian PR card. My question here is I am looking for a job in Detroit and would like to commute daily from Windsor so that I can maintain residency criteria in CA. Can someone guide me if there are any legal implications associated with it? Additionally, do my employer need to transfer H1b or I can work under NAFTA program?

Thanks in advance!

Best,
Chandu

 

[harirajmohan]

1. I am currently working in US on H1b and also holding a valid Canadian PR card.
My question here is I am looking for a job in Detroit and would like to commute daily from Windsor so that I can maintain residency criteria in CA.
2. Can someone guide me if there are any legal implications associated with it?
3. Additionally, do my employer need to transfer H1b or
4. I can work under NAFTA program?

1. I hope that you have enough time to move to Canada to maintain residency (from the landing date) apart from having valid PR card.
2. No legal implications as many of the forum members moved from US and commuting.
3. Your new employer needs to do the h1 transfer as you do it for any other city inside US, nothing different for Detroit as Canada commute doesnt have to do anything with H1 transfer.
4. H1 is not under NAFTA and to qualify for NAFTA programs like TN then you would need to a citizen of Canada/Mexico.