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

[DEEPCUR]

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.

If your i94 is valid, you can definitely step out and come back while extension is pending. All USCIS cares is if someone was present in US on the day of filing. However, I suggest to put up in US until you have your receipt number to avoid complicating this matter further.

 

[Windsorvasi]

If your i94 is valid, you can definitely step out and come back while extension is pending. All USCIS cares is if someone was present in US on the day of filing. However, I suggest to put up in US until you have your receipt number to avoid complicating this matter further.

I just got to know from HR that they will be filing the petition next week only. They wanted me to update US Address in pay statement and wait for atleast one payslip to reflect US address. These people!!! I plan on coming back and going to US next week.

 

[DEEPCUR]

I just got to know from HR that they will be filing the petition next week only. They wanted me to update US Address in pay statement and wait for atleast one payslip to reflect US address. These people!!! I plan on coming back and going to US next week.

i think they are doing the right thing and it is done in the interest of both company and yourself. if your next extension runs in to similar issues, it is a problem for you as well isn't it?

 

[harirajmohan]

I just got to know from HR that they will be filing the petition next week only. They wanted me to update US Address in pay statement and wait for atleast one payslip to reflect US address. These people!!! I plan on coming back and going to US next week.

It looks like HR is useless by telling at this juncture. It will take time to wait for next payroll and till that time they would delay filing extension.
It all depends on the policy of HR(and their practices) as its not required whereas i keep all my payslip and residence address in I129 as windsor address which posed no issues in renewing I94.

Eitherway you can come back if you want to travel for weekends as they would be filing during weekdays anyway.

 

[DEEPCUR]

It looks like HR is useless by telling at this juncture. It will take time to wait for next payroll and till that time they would delay filing extension.
It all depends on the policy of HR(and their practices) as its not required whereas i keep all my payslip and residence address in I129 as windsor address which posed no issues in renewing I94.

Eitherway you can come back if you want to travel for weekends as they would be filing during weekdays anyway.

there is nothing wrong in being extra careful as his extension has already been screwed once.. i presume they filed with his Windsor address before, it got NOID and they don't want things to be goofed up again putting everyone in spot..

 

[harirajmohan]

there is nothing wrong in being extra careful as his extension has already been screwed once.. i presume they filed with his Windsor address before, it got NOID and they don't want things to be goofed up again putting everyone in spot..

Correct. Of course. Also its up to the company's comfort level on how they want to handle. Already there are too much issues(unnecessary RFEs and rejections) dealing with uscis. Its understandable.

 

[Windsorvasi]

@DEEPCUR @harirajmohan
Guys - I'm terribly sorry. I'm gonna reveal something here - I took a chance to be with my family so drove back to Windsor because it was a long wait only to get a 14 day quarantine slip after trying to convince the officers for close to two hours ;( !!!

I know I didn't to mean to risk it so much but I never thought the quarantine was so non-negotiable. Having said that and this time I'll make sure I listen to your words, my questions are:

- Can I drive to the US during the quarantine time sometime next week as planned for filing by my employer?
- Also, curious - how do the officers keep track of when I exit Canada. I mean they don't access i-94 and docs like that right. In fact, today the officer assumed that it was only 8 hours I was away but I couldn't not tell the truth that I was away for a few days.. that's when the case escalated and I was issued a 14 day at customs office. But it seems like the officers have no info on when I left the country. Do you know how they track this ?

I don't plan on going to public places and risking anything . I totally understand my responsibilities in terms of quarantine.

 

[harirajmohan]

@DEEPCUR @harirajmohan
Guys - I'm terribly sorry. I'm gonna reveal something here - I took a chance to be with my family so drove back to Windsor because it was a long wait only to get a 14 day quarantine slip after trying to convince the officers for close to two hours ;( !!!

I know I didn't to mean to risk it so much but I never thought the quarantine was so non-negotiable. Having said that and this time I'll make sure I listen to your words, my questions are:

1. - Can I drive to the US during the quarantine time sometime next week as planned for filing by my employer?
2. - Also, curious - how do the officers keep track of when I exit Canada. I mean they don't access i-94 and docs like that right. In fact, today the officer assumed that it was only 8 hours I was away but I couldn't not tell the truth that I was away for a few days.. that's when the case escalated and I was issued a 14 day at customs office.
3. But it seems like the officers have no info on when I left the country. Do you know how they track this ?

I don't plan on going to public places and risking anything . I totally understand my responsibilities in terms of quarantine.

1. US side there wont be any issue as they dont restrict travelers. But not sure what will happen when you return, possibly you will receive fine if at all they are strict. But what i have seen in other threads is that they dont create issue much for the guys who travel frequently(and for work). Mostly it should not be a problem but 5% chance that you might receive fine(someone was writing in thread that there is fine for people who dont follow). What does the slip say about fines?
2. They do know.
3. Its wrong to assume that they dont know the exit records. of course US and Canada share the entry exit information to complete our entries with respective entry/exit information. I was 15-20 years ago when people use to land in Canada and go by road to US and exit to their own country and come back after 3 years to apply for citizenship. So that kind of loophole period is history now hence dont even think that they dont know our exit records.

 

[Windsorvasi]

1. US side there wont be any issue as they dont restrict travelers. But not sure what will happen when you return, possibly you will receive fine if at all they are strict. But what i have seen in other threads is that they dont create issue much for the guys who travel frequently(and for work). Mostly it should not be a problem but 5% chance that you might receive fine(someone was writing in thread that there is fine for people who dont follow). What does the slip say about fines?
2. They do know.
3. Its wrong to assume that they dont know the exit records. of course US and Canada share the entry exit information to complete our entries with respective entry/exit information. I was 15-20 years ago when people use to land in Canada and go by road to US and exit to their own country and come back after 3 years to apply for citizenship. So that kind of loophole period is history now hence don't even think that they don't know our exit records.

Thanks Hariraj for the prompt reply. I'm not sure about the fines because the pamphlet does not specify anything. The officer mentioned that I can continue to commute to work as long as I return the same day and even in that case the 14 day count resets itself every day . 14 day goes off only when I am absolutely staying here for 14 days.
- So my leaving the country and staying in US from next week during this 14 day(Canada) is breaking the law?
-Also, that's why I'm inclined to think that even if I leave next week and come back after 14 days(or whenever I get my petition approved), the 14 day would still start. I just want to make sure I don't come across to the officers like not honoring the 14 day penalty.
-Also, I know I'm not wanting to try this but is it okay if I like leave early in the morning (say at 6:30 or 7) and return at 6 or 7PM, it'll show like I'm still inside the US when the package is being opened or the case is being handled.

 

[harirajmohan]

Thanks Hariraj for the prompt reply. I'm not sure about the fines because the pamphlet does not specify anything. The officer mentioned that I can continue to commute to work as long as I return the same day and even in that case the 14 day count resets itself every day . 14 day goes off only when I am absolutely staying here for 14 days.
1 - So my leaving the country and staying in US from next week during this 14 day(Canada) is breaking the law?
-Also, that's why I'm inclined to think that even if I leave next week and come back after 14 days(or whenever I get my petition approved), the 14 day would still start. I just want to make sure I don't come across to the officers like not honoring the 14 day penalty.
-Also, I know I'm not wanting to try this but is it okay if I like leave early in the morning (say at 6:30 or 7) and return at 6 or 7PM, it'll show like I'm still inside the US when the package is being opened or the case is being handled.

1. I really doubt that they will be strict when we are just working across the country.
Do one thing, call cbsa tomorrow that you have this extension situation and tell that you would be staying there for a week and come back and lets see what they say.
Their intention is just to avoid the covid spread, not to fine. Also we have exemption for regular travelers whoever go to work. Have the proof of filing of H1 would be enough to tell them that you had obsolute necessity to travel. I dont think there is any issue at all. Have the copy of the email and tracking detail if any to make sure that H1 is filed while returning.

https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/latest-travel-health-advice.html
"Exemptions to travel restrictions
These include people who:
cross the border regularly to go to work,"

 

[DEEPCUR]

Thanks Hariraj for the prompt reply. I'm not sure about the fines because the pamphlet does not specify anything. The officer mentioned that I can continue to commute to work as long as I return the same day and even in that case the 14 day count resets itself every day . 14 day goes off only when I am absolutely staying here for 14 days.
- So my leaving the country and staying in US from next week during this 14 day(Canada) is breaking the law?
-Also, that's why I'm inclined to think that even if I leave next week and come back after 14 days(or whenever I get my petition approved), the 14 day would still start. I just want to make sure I don't come across to the officers like not honoring the 14 day penalty.
-Also, I know I'm not wanting to try this but is it okay if I like leave early in the morning (say at 6:30 or 7) and return at 6 or 7PM, it'll show like I'm still inside the US when the package is being opened or the case is being handled.

CBSA will definitely know that you broke that 14 day quarantine and went back to US as they have access to US entry records. consequences can be very serious on this and every of your future visits are going to be scrutinized if they get after you. It won't definitely go well for you as you would need to commute on a daily basis.. your best bet is to finish 14 days and convince your employer to file once you are inside US. Assume that you don't have any other choice than this. Make up something like you had a personal emergency to attend, so you had to step out over the weekend and got the 14 day quarantine. I presume your paycheck won't arrive until next Friday, so your employer just needs to wait one more additional week for filing.

And even after they file , you should definitely wait till you get your receipt number and not rush through this. I have always noticed that there is a gap of few days between FedEX received date and USCIS receipt date (the date which they mention as the date on which they received the application). So you never know which exact date would be counted as USCIS received date until you have the receipt number. I know one case where someone entered one day late (relying on FedEx received date) after their receipt, they still got same NOID as you.

 

[deepak_kh3]

Hi All,

i just called cbp to check if i can cross border from canadian side to join back my work in US. Basically, i have canadian PR and want to visit family there for 3 weeks, i have L1 visa which is valid till Apr 2021.

the agent said only canadian citizens joining back work in US are allowed to travel by land, others can use air travel which doesn’t have the essential travel restriction.

Can someone help confirm this, thanks.

 

[SAM09072019]

Visiting family is non essential and CBP was right ....you cant cross land borders to see family.

I am moving to Canada in August as a settler holding a PR Card and would be traveling to the US every day for work. would I able to do that?

 

[SAM09072019]

I think this has been clarified previously....existing visa holders and traveling for work is okay...

Thanks! I got confused with your previous comment when you call CBP

 

[deepak_kh3]

Visiting family is non essential and CBP was right ....you cant cross land borders to see family.

But i think visiting family is ok as per Canada rules and coming back to join back work in US is considered essential by US. So then

US to canada- visiting family and
Canada to US - joining back work

should be ok correct?