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

[harirajmohan]

Carry a lunch box almost daily. I declare everytime and they waive me thru like it was nothing

yes no issues for me either but i carry it rarely but my colleague had issues. Possibly some officers are concerned on fresh fruits and/or meat lunch. My colleague had issues carrying fresh fruits

No, it is not that way. The person didn't commute while the visa outcome was pending. The person just went for stamping, VO asked where the applicant stays, he told Canada and mentioned that he is commuting to work from Canada to US and this happened. Right now the person is waiting in Canada for 221g to be cleared.

Thats not good but i wont be shocked as my colleague used to face the issue with one cbp guy for years. Either case, for stamping, one still needs to rely on luck

 

[DEEPCUR]

yes no issues for me either but i carry it rarely but my colleague had issues. Possibly some officers are concerned on fresh fruits and/or meat lunch. My colleague had issues carrying fresh fruits

Thats not good but i wont be shocked as my colleague used to face the issue with one cbp guy for years. Either case, for stamping, one still needs to rely on luck

That's true. It is so much open ended.

This commuting from a neighboring country on a daily basis is totally a grey area. There are no laws that either says yes nor says no to it. I believe it will continue to remain grey area because US laws cannot address such unique situations involving another country.

Only H1b law that that comes closest to addressing this scenario would be is the law that says that the H1b holder should reside with reasonable commuting distance from their petitioned workplace. Since there is nothing that law specifically says that the reasonable commuting distance should be within US, commuting between Detroit and Windsor should be perfectly acceptable I believe.

 

[harirajmohan]

Most 221g will be cleared, matter of time. I got one in Toronto ( i would not go to toronto again, 221g for no reason). My stamp has the word "canadian permanent resident" as well and i was specifically asked about this during the interview. Also, 221g i received has nothing to do with the PR thing

Per what i see, all(most PRs applying for any type of visa) do receive the annotation as "Canadian PR" in the visa. Possibly the reason for 221g would have been something else as some other member mentioned, we dont know the whole story.
But i am not shocked to see if some visa officers behave in that way in this new era of immigration restriction(which triggers many guys to take action on their own).
In some other locations, visa officers even throw the documents out of the window hence they dont behave nice all the time hence its also mood and circumstantial for most denial/RFE.

Can i know your 221g? Just trying to see we can avoid the same.

FYI - my 221g: I was asked to provide proof of 140 filed as i mentioned that my employer has filed immigration petition. So you guys should take the copy of receipt/approval(or at least have the receipt number) just in case. if you are mailing the documents then just keep the 140 receipt/approval copy.

 

[skarme312]

yes no issues for me either but i carry it rarely but my colleague had issues. Possibly some officers are concerned on fresh fruits and/or meat lunch. My colleague had issues carrying fresh fruits

Thats not good but i wont be shocked as my colleague used to face the issue with one cbp guy for years. Either case, for stamping, one still needs to rely on luck

Yes fresh fruit poses invasive species risk so they may be concerned. I mean that is not just a US-Canada border thing; even inter state they have agricultural checkpoints (eg. California). My observation is that border officials (on both sides) appreciate honesty. Be aware of the rules as much as possible and stay confident when you know have done nothing wrong.

Regarding stamping and H1b renewals - these days even cases that were routine till a few years ago get overtly scrutinized. RFEs, denials and 221g is the name of the game. In my opinion the guy who got 221g is lucky - more than likely it will get approved. H1B has no residence requirement. Folks live in different states to where they work sometimes. H1b is a MULTIPLE entry visa stamp. After getting to meet so many folks here in Windsor I realize 40 % of the town works in MI.

 

[DEEPCUR]

Per what i see, all(most PRs applying for any type of visa) do receive the annotation as "Canadian PR" in the visa. Possibly the reason for 221g would have been something else as some other member mentioned, we dont know the whole story.
But i am not shocked to see if some visa officers behave in that way in this new era of immigration restriction(which triggers many guys to take action on their own).
In some other locations, visa officers even throw the documents out of the window hence they dont behave nice all the time hence its also mood and circumstantial for most denial/RFE.

Can i know your 221g? Just trying to see we can avoid the same.

FYI - my 221g: I was asked to provide proof of 140 filed as i mentioned that my employer has filed immigration petition. So you guys should take the copy of receipt/approval(or at least have the receipt number) just in case. if you are mailing the documents then just keep the 140 receipt/approval copy.

Most 221g will be cleared, matter of time. I got one in Toronto ( i would not go to toronto again, 221g for no reason). My stamp has the word "canadian permanent resident" as well and i was specifically asked about this during the interview. Also, 221g i received has nothing to do with the PR thing

From what I am seeing in both posts, appearing for stamping in Canada invites additional questions on this specifically on this PR and commute topic. They seem to be giving namesake 221g s just to delay the process. In India, I have very rarely come across such trivial 221g s like i140 copies which they can easily get themselves if they want to get.

 

[harirajmohan]

From what I am seeing in both posts, appearing for stamping in Canada invites additional questions on this specifically on this PR and commute topic. They seem to be giving namesake 221g s just to delay the process. In India, I have very rarely come across such trivial 221g s like i140 copies which they can easily get themselves if they want to get.

yes they should get it but they dont for many reasons. My lawyer tells that it should be a test to check if my employer still supports me. So visa officers make lawyers interpret in different way but consulate guys just want to see the printed document submitted through candidates rather than checking themselves.

Same like cbp officers. One lady cbp officer in Aug2016 was grilling me what my family's status for last to last entry which cbp officer is not able to check or not willing to check uscis data on h4 extension and giving me warning saying that she let me get inside the country only this time and next time she would deny. We went for secondary and then they cleared us.
So some officers just dont do anything from their end and question/scrutinize unnecessarily without checking their own data.

 

[skarme312]

yes they should get it but they dont for many reasons. My lawyer tells that it should be a test to check if my employer still supports me. So visa officers make lawyers interpret in different way but consulate guys just want to see the printed document submitted through candidates rather than checking themselves.

Same like cbp officers. One lady cbp officer in Aug2016 was grilling me what my family's status for last to last entry which cbp officer is not able to check or not willing to check uscis data on h4 extension and giving me warning saying that she let me get inside the country only this time and next time she would deny. We went for secondary and then they cleared us.
So some officers just dont do anything from their end and question/scrutinize unnecessarily without checking their own data.

Yes its all circumstantial and depends on the VO or CBP officer. I know folks at work whose TN got rejected during the routine interview at the border only to get the TN visa by applying directly with USCIS. Sometimes you can be unlucky and just forget to get the only document that triggers a 221g. Many of my colleagues over the years get stuck in India, China or even Canada trying to just renew their visa stamps. Some say its the trump effect; I'd argue that H1b is always this sword hanging on your head that can fall anytime. Glad we can call Canada home (despite our horrendous weather )

 

[DEEPCUR]

Most 221g will be cleared, matter of time. I got one in Toronto ( i would not go to toronto again, 221g for no reason). My stamp has the word "canadian permanent resident" as well and i was specifically asked about this during the interview. Also, 221g i received has nothing to do with the PR thing

do you still commute on H4 and work on H4 EAD?

 

[Dr kbknaidu]

Hi all,

I found this Premiur Commuter card for bridge which is offering 2.60 USD toll per commute.
http://www.ammexglobalmarketplace.com/reward-card.aspx

Anybody got this card or applied online? I am not seeing any links.

Stop at dute free at ambassador bridge , they will sign up and give you card and car tags for you

 

[Dr kbknaidu]

H1. H4's are not allowed apparently once you move out of the US

damn who this guy, H1 s not allowed to commute once they leave USA, this is insane, can somebody explain this guy , thank you

 

[harirajmohan]

damn who this guy, H1 s not allowed to commute once they leave USA, this is insane, can somebody explain this guy , thank you

He talks about H4. He knew that H1 is allowed to commute for work without any problem.

 

[Dr kbknaidu]

please see his response , he mentioned h1. H4's are , he did say H4's , see his response below

ybx1250 said: ↑
H1. H4's are not allowed apparently once you move out of the US

 

[praikdeshmukh1987]

Hi,
Is there anyone who has received their citizenship while doing the Windsor-Detroit Commute?
Also is there something called as a commuter h1 visa.
I am due for my -140 extension this year and needed to know if I will be allowed to commute in this circumstance as my 6 years have expired?

Thanks and Regards,
Praik

 

[harirajmohan]

Hi,
1. Is there anyone who has received their citizenship while doing the Windsor-Detroit Commute?
2. Also is there something called as a commuter h1 visa.
3. I am due for my -140 extension this year and needed to know if I will be allowed to commute in this circumstance as my 6 years have expired?

Thanks and Regards,
Praik

Praik,
1. Canadian citizenship doesnt affect/add anything to US immigration. So you will still wait in queue in US immigration as its based on birth country not on country of citizenship.
2. There is no commuter H1 visa. There is commuter greencard which allows people to get gc(with conditions) but can commute from Canada to US daily without moving to US.
Eligibility and conditions to retain commuter gc: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4
3. There is no concept called 140 extension. I assume that you are talking about 7th year H1 extension based on 140. If your priority date is not current(i mean, if you still away from filing 485) then extend your H1 as usual how you did before you had your 140. If your priority date is current then ask your employer if they can apply for commuter gc. Dont know your current situation hence cant say which is valid for your case.
https://www.hooyou.com/h-1b/h1b_exten_6years.html

 

[praikdeshmukh1987]

Hey @harirajmohan ,

thanks for the reply.
For Point 1.
Actually I wasnt talking about USA citizenship I was talking about canadian citizenship as based on previous discussions the daily commute could lead to delay of the application
Thanks for the other clarifications