working remotely from Canada while on H1B

[harirajmohan]

I have myself used AVR in March 2020 at Peace Arch when I did softlanding.

Yes, we many of us used, no issues.

 

[owleroz]

My H-1B renewal has been approved but the visa stamping process make take a few months. Is it possible to work remotely from Canada on an approved I-129 but an expired visa stamp? I know that the visa stamp is required only for entry purposes but I am wondering if anyone can share experiences with their company HR on this matter. Thanks!

 

[DHP260592]

I confirmed with the CBP at Peach Arch again last night. They will allow anyone with I-797A initial approval and I-94. No need to get visa stamped on the passport.

 

[swan0206]

I confirmed with the CBP at Peach Arch again last night. They will allow anyone with I-797A initial approval and I-94. No need to get visa stamped on the passport.

Hi Are you sure on this? Because i am on the same boat, with expired visa stamp and approved i797A. Till when am i allowed back? Will they allow back even after a month or two months or 3 months ? For eg: If i enter canada today and want to return to US after a month. Will they still allow?

Once the dates are opened in january i am planning to get it stamped.

 

[swan0206]

1. I too entered in June(after 3 months) - but i thought that they being less strict to avoid touching the documents and coming close contact.
2. I too received my extended I94 even before pre-pandemic for the I797 which is of consular notification. This situation i have heard for years while one is on status currently. But not sure if all officers would be doing the same after months of gap and while having expired (and that too different type of) visa.

When trump is the admin, i dont know if there is any mercy in relaxing rules for immigrants. It would be strange if there is any but possible if there is unofficially. If these are being allowed by all then one should be using it while it lasts and surely risky per me to try to use AVR after 30 days with expired visa.

Hi Hariraj,

I already have a valid PR. I am in same situation like DHP260592
and planning to enter Canada to drop my wife and come back(myself alone) within 30days and pack our stuff and move permanently. So, will CBP allow with an valid i797A? As i have pinged you in other post about the visa availability, we are planning to attend visa interview once the slots are open in jan.

Need your suggestions. Thanks in Adv.

 

[DHP260592]

Hi Are you sure on this? Because i am on the same boat, with expired visa stamp and approved i797A. Till when am i allowed back? Will they allow back even after a month or two months or 3 months ? For eg: If i enter canada today and want to return to US after a month. Will they still allow?

Once the dates are opened in january i am planning to get it stamped.

The officer told me that they can will allow me in with initial i797A. I asked for around 2-3 months.
In my previous comment, I asked if someone can confirm this, maybe you can give them a call and confirm it and post here for our own sanity check.

In your example, you can always come back on AVR if you want to come back in a month or less.

 

[swan0206]

The officer told me that they can will allow me in with initial i797A. I asked for around 2-3 months.
In my previous comment, I asked if someone can confirm this, maybe you can give them a call and confirm it and post here for our own sanity check.

In your example, you can always come back on AVR if you want to come back in a month or less.

Hi thankyou DHP, so, was that an existing rule, and is it allowed at all port of entries or only at Peach Arch.? Mine is not an initial i797A , mine is an extension.

 

[DHP260592]

Hi thankyou DHP, so, was that an existing rule, and is it allowed at all port of entries or only at Peach Arch.? Mine is not an initial i797A , mine is an extension.

I called Peach Arch and Ambassador bridge and got the same response. It has to be at all borders. There is no way that a rule is possible only at one border. Yes, extension works too. Again, I only discussed my scenario with the officer. I'd highly recommend to call the CBP at 3603328511 ( peace arch) and discuss your scenario. All officers are really helpful. Also, please do share here what they have to say.

 

[harirajmohan]

Hi Hariraj,

I already have a valid PR. I am in same situation like DHP260592
and planning to enter Canada to drop my wife and come back(myself alone) within 30days and pack our stuff and move permanently. So, will CBP allow with an valid i797A? As i have pinged you in other post about the visa availability, we are planning to attend visa interview once the slots are open in jan.

Need your suggestions. Thanks in Adv.

If you have valid I94 then no issue for using avr.
The availability of appointment will be after few months. So you/both will be commuting till that time?

 

[swan0206]

If you have valid I94 then no issue for using avr.
The availability of appointment will be after few months. So you/both will be commuting till that time?

Hi,
no, only i will be commuting. My wife h4 is still in process here. Also, i have goods follow. So, this will be the first time after landing i will be entering canada, so if i keep commuting till Dec, will they still allow the goods to follow when i want to move? Or it should be only first time when i enter?

 

[harirajmohan]

Hi,
no, only i will be commuting. My wife h4 is still in process here. Also, i have goods follow. So, this will be the first time after landing i will be entering canada, so if i keep commuting till Dec, will they still allow the goods to follow when i want to move? Or it should be only first time when i enter?

Yes, they will accept the goods list later to bring things.
After moving to Canada, it doesnt matter on H4 file processing, probably they will consider the application abandoned. I assume that you are talking about stamping for her for B1, not H4, correct? You are not supposed to seek H4 if she is not going to stay in US.

 

[swan0206]

Yes, they will accept the goods list later to bring things.
After moving to Canada, it doesnt matter on H4 file processing, probably they will consider the application abandoned. I assume that you are talking about stamping for her for B1, not H4, correct? You are not supposed to seek H4 if she is not going to stay in US.

Oh thats nice to hear. You are right, But wanted to go for h4, in case if she wants to re-enter. Because at this point of time getting B1 is really tough. is it not so? Also i have to enter with Copr(to montreal). will that work? My pr card is in canada.

 

[harirajmohan]

Oh thats nice to hear. You are right, But wanted to go for h4, in case if she wants to re-enter. Because at this point of time getting B1 is really tough. is it not so? Also i have to enter with Copr(to montreal). will that work? My pr card is in canada.

You need to be seeking right type of visa based on your purpose and situation, not based on which is tough/easier. Nothing is tough/easy when it comes to visa. For what she needs to reenter? After moving to Canada, she is not qualified for H4. She has to get B1.
I dont know what type of PR you have - EE/PNP. The answer relies on that.
What pr card when you have not even landed?

 

[swan0206]

You need to be seeking right type of visa based on your purpose and situation, not based on which is tough/easier. Nothing is tough/easy when it comes to visa. For what she needs to reenter? After moving to Canada, she is not qualified for H4. She has to get B1.
I dont know what type of PR you have - EE/PNP. The answer relies on that.
What pr card when you have not even landed?

Hi Hariraj,

i got your point regarding her B1. I am done with my landing last year in August. This is the first time i am entering Canada after becoming PR, that is reason i asked for goods to follow information, if they can be moved later also.

My PR card is in canada with a friend. So, is my Copr good for travel this time, is my question. Thankyou.

 

[DHP260592]

@swan0206 Did you get a chance to call the CBP today? I'd like to know if we both got the same information regarding re-entry on I-797A. Thanks!