Daily commute (Detroit-Windsor) (H1b and Canada PR)

[RaghuR]

I commute to Detroit for work everyday on H1B (AVR). My Extension was filed today. Following are couple of points my attorney highlighted:
1) If you are not in US when applying for H1B Extension, your H1B will be adjudicated for consular processing (which requires H1B Visa to enter USA)
2) On the day when your H1B Extension package is received by USCIS, your I-94 gets adjusted (assuming you are in US on the day of receipt) for 240 days allowing you to work while awaiting decision.
3) After the case is received and receipt# is generated, you are good to continue commute (US/Canada).

I am not sure if this is helpful, but thought of sharing it.

I have not informed my employer about the fact that I have moved to Windsor and in their system I have a friend's US address. I am currently using AVR. My extension is due soon. On filing the extension, will the USCIS now let my employer know that I am not in US?
2ndly, if extension takes long and current i797 expires in the meantime, can I still continue to use AVR for 240 days after expiry of current i797 / i94?

 

[harirajmohan]

I have not informed my employer about the fact that I have moved to Windsor and in their system I have a friend's US address. I am currently using AVR. My extension is due soon. On filing the extension, will the USCIS now let my employer know that I am not in US?
2ndly, if extension takes long and current i797 expires in the meantime, can I still continue to use AVR for 240 days after expiry of current i797 / i94?

1. Its a bad idea that you havent informed the employer. Look, even though its your right to live in Windsor but it doesnt mean that they are not aware of your whereabouts, that too while traveling from some other country.
THe issue is that if you get into some kind of verification by some officer then if they call then your employer would be surprised and might get into consequences from your job end. Also the border officer might even get more suspicious since your employer is knowing more about your residence.

2. Since you are commuting (technically you seek reentry every day), you need to get your approved I797 with new I94 before your current I94 expires.

3. If you dont have valid visa currently then its better you get your h1 approved while being in the US to avoid any issue such as uscis is not approving without new I94. Usually its not a problem but its not 100% guaranteed to get approval with new 194 while commuting.

4. uscis doesnt inform your employer hence no issues from uscis but have an issue at #1.

 

[canprofus]

I have not informed my employer about the fact that I have moved to Windsor and in their system I have a friend's US address. I am currently using AVR. My extension is due soon. On filing the extension, will the USCIS now let my employer know that I am not in US?
2ndly, if extension takes long and current i797 expires in the meantime, can I still continue to use AVR for 240 days after expiry of current i797 / i94?

Please stay in US while filing extension, file it in premium, get approval and the resume commuting. You need i94 to commute with expired stamp using AVR. So it is not possible to commute after i94 expiry. Also you need to be in US on the day of filing your H1 extension to get i94 attached with your i797. If you don't happen to be present while filing extension due to commute, USCIS could issue NOID for filing extension of stay and your employer will come to know about your whereabouts

 

[rohitkadam]

I got mine approved recently. No issues. I applied as consular processing and got it approved for 3 years. Will cross the border to activate it next month or so.

Hello, what does it mean, that you will activate it at the border? For consular processing dont you have to visit a US embassy and get visa? did you get i797 for consular processing, just like Adjustment of status ?

 

[ca_hopeful]

Hello, what does it mean, that you will activate it at the border? For consular processing dont you have to visit a US embassy and get visa? did you get i797 for consular processing, just like Adjustment of status ?

If you have a valid visa you can get a new i94 with the new i797 when you cross the border.

 

[RaghuR]

1. Its a bad idea that you havent informed the employer. Look, even though its your right to live in Windsor but it doesnt mean that they are not aware of your whereabouts, that too while traveling from some other country.
THe issue is that if you get into some kind of verification by some officer then if they call then your employer would be surprised and might get into consequences from your job end. Also the border officer might even get more suspicious since your employer is knowing more about your residence.

2. Since you are commuting (technically you seek reentry every day), you need to get your approved I797 with new I94 before your current I94 expires.

3. If you dont have valid visa currently then its better you get your h1 approved while being in the US to avoid any issue such as uscis is not approving without new I94. Usually its not a problem but its not 100% guaranteed to get approval with new 194 while commuting.

4. uscis doesnt inform your employer hence no issues from uscis but have an issue at #1.

Actually my HR doesn't allow work from Canada even during emergency e.g. at time you got to work late night. I can be in US office for normal 8am-5pm hrs but not for every other time I need to work. And just 8-5 wasn't acceptable to my manager

Regarding point 3, being in US would be the date they receive your application or the day they process it or probably to be on the safer side it would make sense to stay in US from the day it's filed until it's approved.

 

[harirajmohan]

Regarding point 3, being in US would be the date they receive your application or the day they process it or probably to be on the safer side it would make sense to stay in US from the day it's filed until it's approved.

The day it reaches, you should be inside to get your I94 extended.
Rarely i have seen that they send the accepted date on next day too sometime. But in that case, i am not sure how they will recognize.
Yes, for safer side while not having visa, its better to stay inside US for whole period till you get your approval.

 

[Kiara02]

1. Its a bad idea that you havent informed the employer. Look, even though its your right to live in Windsor but it doesnt mean that they are not aware of your whereabouts, that too while traveling from some other country.
THe issue is that if you get into some kind of verification by some officer then if they call then your employer would be surprised and might get into consequences from your job end. Also the border officer might even get more suspicious since your employer is knowing more about your residence.

2. Since you are commuting (technically you seek reentry every day), you need to get your approved I797 with new I94 before your current I94 expires.

3. If you dont have valid visa currently then its better you get your h1 approved while being in the US to avoid any issue such as uscis is not approving without new I94. Usually its not a problem but its not 100% guaranteed to get approval with new 194 while commuting.

4. uscis doesnt inform your employer hence no issues from uscis but have an issue at #1.

Hi @harirajmohan, I'm in a similar situation
Just moved to Canada last week but haven't really informed my employer about the move. I have my H1B extended until 2023 (have to make a visa appointment though). My manager is aware that I travel frequently to Canada to meet my family but doesn't know I've shifted my base permanently.

1) Do you think there is a need to inform my employer? don't want to create unnecessary hassle as I'm pretty sure they cannot hire FTEs from outside US.
2) As long as I do my taxes right in both the countries I'm not violating any other rules correct?
3) Will USCIS notify the employer regarding H1B employee's absence from the country for longer durations?
Any advice is greatly appreciated as I see mixed responses on this forum.

 

[ConquerDream]

Hi Question falls into this category and someone might have similar experience.

1. I am on H1B and working in Detroit Company(Ford), will get Canada PR soon. How do you maintain the status with daily commute? Does US employer allow someone to stay in Canada and work commute daily to US. Also Tax implications -if anyone knows tax advisor, let me know.
2. Real Estate mortgage in Windsor - Since US SSN is built up from so many years, I heard we need credit from SIN to buy houses, is there anyway mortgage firm can lend based on SSN, If yes, can someone guide me what's their name? if no, how can we buy real estate quickly after receiving SIN.

 

[harirajmohan]

Hi Question falls into this category and someone might have similar experience.
I am on H1B and working in Detroit Company(Ford), will get Canada PR soon.
1.1 How do you maintain the status with daily commute?
1.2 Does US employer allow someone to stay in Canada and work commute daily to US.
1.3 Also Tax implications -if anyone knows tax advisor, let me know.
2. Real Estate mortgage in Windsor - Since US SSN is built up from so many years, I heard we need credit from SIN to buy houses, is there anyway mortgage firm can lend based on SSN, If yes, can someone guide me what's their name? if no, how can we buy real estate quickly after receiving SIN.

1.1 Thousands commute and maintain status in both countries.
Get your PR. Start reading and watching these threads to understand. You dont need to worry about knowing the processes since you are not moving anytime soon.
1.2 Lot of people are commuting from windsor to detroit ford. I dont know why you ask on it as if ford is new to allowing commuters.
1.3 Read the existing threads to know more. https://www.canadavisa.com/canada-immigration-discussion-board/threads/taxes-payroll-working-in-us-living-in-windsor.551077/ You can file yourself.
2. No, you can get loan with new SIN. Just show your stable income proof for last few years in US and it should suffice. Call few banks and they would assure you that. No need to wait for credit building. Again, you should be waiting for your PR and landing before you can even start on this process of buying house.
No one can answer how quickly you can buy a house. Too many variables (seller to accept your high bid offer as real estate is crazy in windsor, loan approval, loan closing etc) to consider.

 

[ConquerDream]

1.1 Thousands commute and maintain status in both countries.
Get your PR. Start reading and watching these threads to understand. You dont need to worry about knowing the processes since you are not moving anytime soon.
1.2 Lot of people are commuting from windsor to detroit ford. I dont know why you ask on it as if ford is new to allowing commuters.
1.3 Read the existing threads to know more. https://www.canadavisa.com/canada-immigration-discussion-board/threads/taxes-payroll-working-in-us-living-in-windsor.551077/ You can file yourself.
2. No, you can get loan with new SIN. Just show your stable income proof for last few years in US and it should suffice. Call few banks and they would assure you that. No need to wait for credit building. Again, you should be waiting for your PR and landing before you can even start on this process of buying house.
No one can answer how quickly you can buy a house. Too many variables (seller to accept your high bid offer as real estate is crazy in windsor, loan approval, loan closing etc) to consider.

Thanks for all this information. I informed company because there will be working similarly, I can make a connection to learn more. If anybody knows mortgage firm or realtors, please refer me.

 

[RaghuR]

The day it reaches, you should be inside to get your I94 extended.
Rarely i have seen that they send the accepted date on next day too sometime. But in that case, i am not sure how they will recognize.
Yes, for safer side while not having visa, its better to stay inside US for whole period till you get your approval.

Follow-up question: you would be in US everyday during typical office hours so the day your file is received at USCIS you just need to make sure you aren’t planning any vacation. Continue commuting. Right?

 

[harirajmohan]

Follow-up question: you would be in US everyday during typical office hours so the day your file is received at USCIS you just need to make sure you aren’t planning any vacation. Continue commuting. Right?

If you work in US, you would be on H1 status when you come on vacation to US. So it doesnt matter if you are on vacation or work in US but you will be on H1 hence the I94 will be extended. You can continue commuting. But if you dont have visa then you should be inside while you file extension and request urgent processing to get your I94 without fail. There are cases due to mistakes by lawyer as well as mistakes/intentional way which uscis never extended the I94 while approving petition. So see which suits best.

 

[RaghuR]

If you work in US, you would be on H1 status when you come on vacation to US. So it doesnt matter if you are on vacation or work in US but you will be on H1 hence the I94 will be extended. You can continue commuting. But if you dont have visa then you should be inside while you file extension and request urgent processing to get your I94 without fail. There are cases due to mistakes by lawyer as well as mistakes/intentional way which uscis never extended the I94 while approving petition. So see which suits best.

What exactly ‘inside US’ would mean? One would anyway be coming to US daily for work while extension is filed in parallel therefore continues to be ‘inside US’?
By vacation I meant you are on vacation (in Canada) thus not commuting while extension is filed.

 

[harirajmohan]

What exactly ‘inside US’ would mean? One would anyway be coming to US daily for work while extension is filed in parallel therefore continues to be ‘inside US’?
By vacation I meant you are on vacation (in Canada) thus not commuting while extension is filed.

Whether you are on vacation in Canada or commuting to US, you are not there 100% inside US to avoid this issue. THis is not a problem 99% of the time. Its problem of 1% probability that I94 might might not get extended and that too this needs to be considered for the people who dont have valid visa.