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

[Rawhide]

Folks - Need some advice again So.. My current H1b visa extension is due(expires Aug 5) and my employer has asked me to move back to US inorder to file an extension at this time. I am planning to arrange temporary accomodation until filing and approval. I have valid stamped H1b now. If i want to commute to detroit tomorrow, are there any restrictions based on the new EO order? What should i be prepared with ?

Thanks again !

Shouldn't be a problem, I have traveled after EO came out and faced nothing unexpected.

 

[canus11]

There are many who stays in Canada and go to work in US, whose client is not in border city. Some do travel monthly for few days to a week, have seen in some other threads.
As you wont be having visa for quite a while, it would be risky not to maintain status, which means that you should enter US every 30 days without fail(reason: Not every officer will ignore this 30 day rule and let you in and some officer might deny you based on rule). This way your status is current and you dont need visa to enter US(as long as uscis prints I94 while approving your petition).

Are you filing in premium or not?
FYI - Already uscis staff will go on furlough due to non-allocation of budget, still not certain but its a possibility. Also due to covid and possible budget cut hence prospects are not great in getting the work done fast from uscis.

What is this 30 day rule you have mentioned? Does this mean that I need to enter US on H1B at least once every month or you are referring to the AVR? In my case my visa expires on Sep 30 (This is also when my stamping expires). With travel back to US with expired visa not allowed what are my possibilities of travelling back on H1b?

I have not filed in premium. 3 of my friends got their H1B extension approved in less than 20 day in regular. So i am thinking of giving myself a month and then upgrade if no luck with early approval.

 

[harirajmohan]

1. What is this 30 day rule you have mentioned? Does this mean that I need to enter US on H1B at least once every month or you are referring to the AVR?
2. In my case my visa expires on Sep 30 (This is also when my stamping expires). With travel back to US with expired visa not allowed what are my possibilities of travelling back on H1b?
3. I have not filed in premium. 3 of my friends got their H1B extension approved in less than 20 day in regular. So i am thinking of giving myself a month and then upgrade if no luck with early approval.

1. I was only referring to AVR. Also with this EO, i dont really know what would be CBP's interpretation later down the road for the candidates with or without valid visa. To me, its actually safe to keep the status current continuously. No idea which other EO will come to scrutinize more hence like a US resident if at all possible we should keep the status current all the time.
2. If you are maintaining status current then visa expiry doesnt matter as you would be using avr which is not affected. So travelling every 30 days consistently will be enough.
3. Ok. Good to know that its faster like premium. Hopefully the upcoming possible furlough of uscis staff doesnt affect.

 

[skarme312]

Hey folks. Is anyone back to regular commuting? I have been staying home since march 12 and my company in general is in no rush to call employees back to full capacity however in light of layoffs and learning that a few folks are coming to work regularly, I'm contemplating returning to work regularly. The recent EO does not seem to impact folks with a valid visa stamp and that is my case. Just wanted to know what folk's experiences were at the border since the EO.

 

[VOBuckeye]

Hey folks. Is anyone back to regular commuting? I have been staying home since march 12 and my company in general is in no rush to call employees back to full capacity however in light of layoffs and learning that a few folks are coming to work regularly, I'm contemplating returning to work regularly. The recent EO does not seem to impact folks with a valid visa stamp and that is my case. Just wanted to know what folk's experiences were at the border since the EO.

Been commuting regularly now, and business as usual. I have a valid visa stamp. You should be fine.

 

[Amritat]

Hello All,
Has anyone utilized the AVR option after the EO were signed? Worried that I may be denied entry to the US at the border. Please share your experience

 

[harirajmohan]

Hello All,
Has anyone utilized the AVR option after the EO were signed? Worried that I may be denied entry to the US at the border. Please share your experience

https://www.canadavisa.com/canada-immigration-discussion-board/threads/rumors-about-an-executive-order-that-bans-the-entry-h1b-holders-around.691179/page-17#post-8693056

So you know about EO and AVR but you are worried that you would be denied. Why?

 

[Amritat]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/rumors-about-an-executive-order-that-bans-the-entry-h1b-holders-around.691179/page-17#post-8693056

So you know about EO and AVR but you are worried that you would be denied. Why?

Not sure how the officers at the border would consider as EO have been recently implemented. I plan to travel via Peace bridge and tried emailing the border protection team to get a confirmation in writing so that I have something handy if there are any issues. Last time when I emailed them they had replied but this time haven’t received any response from them.

 

[harirajmohan]

Not sure how the officers at the border would consider as EO have been recently implemented. I plan to travel via Peace bridge and tried emailing the border protection team to get a confirmation in writing so that I have something handy if there are any issues. Last time when I emailed them they had replied but this time haven’t received any response from them.

Well, they are not even checking like before. Due to covid i guess i see very less time in border than usual times. Also you are US resident hence you are affected and also will be coming using avr hence you should be fine.
I doubt that you would getting neat clear reply. People are travelling without any problem. At the border just show your current valid I94 first, they wont even check more except couple of questions on your travel.

 

[skarme312]

Been commuting regularly now, and business as usual. I have a valid visa stamp. You should be fine.

Does CBSA inform about quarantine rules? Does that mean if you commute regularly you are stuck to home and office?

 

[VOBuckeye]

Does CBSA inform about quarantine rules? Does that mean if you commute regularly you are stuck to home and office?

CBSA has not mentioned quarantine to me. Perhaps they know I'm commuting daily to work. So far I've gotten few questions but that might just be my luck. I also have the nexus card

 

[Windsorvasi]

My H1B extension of stay is due and i have submitted all the required documents to my employer last week. While i have heard that some companies only require us to stay in the US on the day of petition filing may be through approval, my company asked me travel and reside in US even before submitting documents and filing extension. So I made temporary arrangement here in the US and have been here since last week. My company is yet to give me any information on whether they have filed the extension or not. If they have not filed yet, i plan on visiting my family for the long weekend and come back to US on Monday. If they have filed, i plan on just extending the stay here until approval. Even if they had filed for extension , would it be okay if i travelled for the weekend out of US? Will that impact the extension process? Any advice would help.

 

[Windsorvasi]

Hi,

I am in a similar situation where I moved to Canada earlier this year and recently entered into the US to get my H1B extension filed. In my case, I plan to stay in the US until my H1B extension is approved. The question I have is that is your client in Detroit? I have a client on the west coast and agreed for me to work 2 weeks the US and 2 weeks in Canada. And in pandemic situations like these allowed me to work from home. I would like to know if you travel from the Windsor-Detroit border because you work in Detroit.

Are there any other people who travel daily or weekly (Mon-Fri) commute and have clients, not in Michigan.

@canus11 - Yes my client is in detroit. I have been doing daily commute until Mar'20 before the lock down. After that, it has been about 3 months and only entered back to US last week to get Visa extension process going.

 

[harirajmohan]

My H1B extension of stay is due and i have submitted all the required documents to my employer last week. While i have heard that some companies only require us to stay in the US on the day of petition filing may be through approval, my company asked me travel and reside in US even before submitting documents and filing extension. So I made temporary arrangement here in the US and have been here since last week. My company is yet to give me any information on whether they have filed the extension or not. If they have not filed yet, i plan on visiting my family for the long weekend and come back to US on Monday. If they have filed, i plan on just extending the stay here until approval. Even if they had filed for extension , would it be okay if i travelled for the weekend out of US? Will that impact the extension process? Any advice would help.

You should be inside US on the day of your I-129 application reaches USCIS. This is what my lawyer wants usually.
There is no issue in getting I94 extended(as long as the residence is within commutable distance - since you are commuting daily hence you are close to workplace anyway hence should not be a problem)

 

[Windsorvasi]

You should be inside US on the day of your I-129 application reaches USCIS. This is what my lawyer wants usually.
There is no issue in getting I94 extended(as long as the residence is within commutable distance - since you are commuting daily hence you are close to workplace anyway hence should not be a problem)

Thank you @harirajmohan - Will not being in the US during the weekend, impact the extension in anyway ? I dont have any clear information from my employer/attorney on when they would be sending the application to USCIS.