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

[BKM99]

Has anyone got the stamping at the international border?

My Status: Last H1b expires this Sept 14, 2019. I have a new H1 approved for next 3 years, i.e. up to September 14, 2022. I landed last weekend through the land border. On family emergency, I took a flight back to US and an officer at the Canada airport, on US immigration (preclearance) asked me to see new i797 and informed me that he did stamping for me and did entry stamp with dates for next 3 years after the interview. Since I had the consulate interview scheduled coming week at Toronto, I asked him if I needed to go for that?! And he said NO and asked me to call and inform them that I got the stamping at international border.

Has anyone experienced the same? I am calling tomorrow to make sure, but any experience would help. I need to cross Detroit border every day in future and I will not have stamping, but I also have a stamping, if at all that makes sense!!!

 

[justinline]

What do you exactly mean by stamping?

I am sure at the border or pre clearance you cannot get the h1b foil sticker.

So what did they provide you .....like an entry stamp with status of h1b , did they give a new I94 or just stapled the one from bottom of the I797.

Once you are inside US ...it's usually the I94 that counts. Also for travel ...I just talking US Canada ....the new I94 should suffice. Other than that you would need the foil for travel.

 

[justinline]

Also ...after I got the Canadian passport I always used to show that for crossing, once was sent to secondary randomly, that time they asked to see I797 also asked for Indian passport to see the stamping.

 

[lampbreaker]

Has anyone got the stamping at the international border?

My Status: Last H1b expires this Sept 14, 2019. I have a new H1 approved for next 3 years, i.e. up to September 14, 2022. I landed last weekend through the land border. On family emergency, I took a flight back to US and an officer at the Canada airport, on US immigration (preclearance) asked me to see new i797 and informed me that he did stamping for me and did entry stamp with dates for next 3 years after the interview. Since I had the consulate interview scheduled coming week at Toronto, I asked him if I needed to go for that?! And he said NO and asked me to call and inform them that I got the stamping at international border.

Has anyone experienced the same? I am calling tomorrow to make sure, but any experience would help. I need to cross Detroit border every day in future and I will not have stamping, but I also have a stamping, if at all that makes sense!!!

What is commonly known as 'stamping' is a misnomer. It is basically an application and issuance of Visa (counterfoil). Visa is affixed to a page in the passport and it clearly reads 'VISA'. CBP does not issue Visas. They are only issued by US consulates.

Canadian citizens are not required to have a US Visa.

CBP only stamps entry record in the passport, which shows the date until which the non-immigrant is allowed to stay in the US and their status (class of admission such as H1B). What the CBP officer seems to have done is simply issue a new I-94 showing 2022 validity. You already had an I-94 anyway, so it would not make any difference to you. If you travel to any country other than Canada or Mexico (or to Canada/Mexico for longer than 30 days), you will need a valid Visa in order to return to the US.

 

[CanucksRajiv]

I have one QQ. In near future, we are planning to move to Windsor and currently looking for job in Detroit. Is there any issues if Detroit based company start GC process? are there any repercussions while entering in US?

 

[BKM99]

Has anyone got the stamping at the international border?

My Status: Last H1b expires this Sept 14, 2019. I have a new H1 approved for next 3 years, i.e. up to September 14, 2022. I landed last weekend through the land border. On family emergency, I took a flight back to US and an officer at the Canada airport, on US immigration (preclearance) asked me to see new i797 and informed me that he did stamping for me and did entry stamp with dates for next 3 years after the interview. Since I had the consulate interview scheduled coming week at Toronto, I asked him if I needed to go for that?! And he said NO and asked me to call and inform them that I got the stamping at international border.

Has anyone experienced the same? I am calling tomorrow to make sure, but any experience would help. I need to cross Detroit border every day in future and I will not have stamping, but I also have a stamping, if at all that makes sense!!!

An update:

As of the best knowledge that CBP cannot issue Visa and can only provide I-94, I just went for appointment for Visa this week. There was no confusion and the process was completed just as usual. So, simply what happened was that the CBP officer did not provide the correct information. As most of us know, he had only extended i-94. The only thing was that he had done it on the bases of i-797 and not from the actual visa. Shouldn't have asked me to cancel my visa appointment and I am glad for keeping the appointment.

 

[rzk0006]

Can anyone currently living in windsor let me know best place to go for car safety inspection? I completed my RIV process and got a temporary plate but need to completer my safety inspection within 10 days.

 

[justinline]

Can anyone currently living in windsor let me know best place to go for car safety inspection? I completed my RIV process and got a temporary plate but need to completer my safety inspection within 10 days.

Try out guaranteed auto repair....I did out of province inspection there. It's on dougall near service Ontario office. Call them first.

 

[skarme312]

Have a question regarding H1b renewal for daily commuters. I have my 4th renewal coming up, however it's going to be my first after i moved to canada and started daily commute. I am guessing it won't be the same as extension of stay like my previous renewals because my residence address now has changed and is no longer an US address.

I think it won't be too different. They will just mark you down as a commuter on the paperwork...

 

[BKM99]

I think it won't be too different. They will just mark you down as a commuter on the paperwork...

Do you have any further details on the same? I am looking for the same clarification. Thanks in advance.

 

[lampbreaker]

Do you have any further details on the same? I am looking for the same clarification. Thanks in advance.

H1B petition is filed by the employer. Employee's residence is immaterial for the petition. They want to know where the employee will work and that must be a US location because you don't need to petition to USCIS if someone wants to work in Canada.

As for 'extension of stay' which is a secondary part of the petition. If the petition requests extension of stay, that means the employee is physically living in the US and wants to extend their I-94. In case of commuters, this second part of the petition may be denied if the I-94 submitted with the petition is no longer the most recent I-94. A lot is at the discretion of the officer at this point because USCIS views this extension of stay as a 'benefit' that is given to the employee. They can potentially deny this benefit and approve the petition as consular notification. It is totally discretionary. If that happens, all you will need to do is to arrive at the US border with the new petition and valid visa (previous or new) and voila you have a new I-94. From that point on, you can use AVR to continue your commute. But always note that even entry to US is a benefit. As a non-immigrant, CBP has full authority to deny you entry, but they are very less likely to do that for any of these reasons.

 

[CanucksRajiv]

Has any one done the commute between Detroit and Windsor on COPR? Is it possible?

 

[Birju_1984]

Hello Friends,
I have a question here which might have been answered earlier but I would like to go ahead to seek clarification to my query.

I have a job which will mostly be offered in a week in Detroit, US and I am Canada PR holder. Can I work in US being a CANADA PR and reside in Windsor, Canada ? I don't have any US visa other than B1/B2. Anyone in same boat or have similar case info will help me a lot. Thanks in advance.

 

[CanucksRajiv]

Hello Friends,
I have a question here which might have been answered earlier but I would like to go ahead to seek clarification to my query.

I have a job which will mostly be offered in a week in Detroit, US and I am Canada PR holder. Can I work in US being a CANADA PR and reside in Windsor, Canada ? I don't have any US visa other than B1/B2. Anyone in same boat or have similar case info will help me a lot. Thanks in advance.

B1/B2 visa is not a work permit, its a temporary Business Visitor visa. So, you wont be able to work on the basis of that. Your US employer needs to file either L1 or H1B visa for you before you start work.

 

[CanucksRajiv]

Hello Friends,
I have a question here which might have been answered earlier but I would like to go ahead to seek clarification to my query.

I have a job which will mostly be offered in a week in Detroit, US and I am Canada PR holder. Can I work in US being a CANADA PR and reside in Windsor, Canada ? I don't have any US visa other than B1/B2. Anyone in same boat or have similar case info will help me a lot. Thanks in advance.

The only way it can work is remote job and you visit US once in a six month for attending meeting etc. but not for any other work. Just google permissible activities under B1/B2 visa.