H1B AVR commute and spouse on H4 in US : Secondary Inspection experience

[shri.ca]

I am on H1 and my spouse got H4, we recently moved to US from Canada. Within a week of us moving to the US, I got a short assignment where I had to work from Detroit office. I tried commuting from Windsor on H1B AVR for a week while my spouse stayed in US.

I faced no questions while entering the US for first couple of days. On third day, when I was asked about where do the dependents stay, I mentioned that spouse is staying in XXX in US. I was directed for secondary inspection. During secondary inspection they asked about my work location, nature of work, my spouse visa details, status in Canada (PR) etc.

The officer went through the commuting history and asked me whether I still intend to commute to work while family is in US on Dependent (H4) Visa? I categorically replied No and mentioned that it was for short assignment I was working from Detroit.

After checking few details, I was told, not to commute like this, otherwise H4 dependent will face difficulties for visa stamping in future. H1 principal beneficiary's presence in US is a must for H4 to stay in US.

In future, I might need to take same day visit to Canada (once a month or so) for housekeeping things, will I face any difficulties? Did someone go through similar experience before?

 

[harirajmohan]

I am on H1 and my spouse got H4, we recently moved to US from Canada. Within a week of us moving to the US, I got a short assignment where I had to work from Detroit office. I tried commuting from Windsor on H1B AVR for a week while my spouse stayed in US.

I faced no questions while entering the US for first couple of days. On third day, when I was asked about where do the dependents stay, I mentioned that spouse is staying in XXX in US. I was directed for secondary inspection. During secondary inspection they asked about my work location, nature of work, my spouse visa details, status in Canada (PR) etc.

The officer went through the commuting history and asked me whether I still intend to commute to work while family is in US on Dependent (H4) Visa? I categorically replied No and mentioned that it was for short assignment I was working from Detroit.

After checking few details, I was told, not to commute like this, otherwise H4 dependent will face difficulties for visa stamping in future. H1 principal beneficiary's presence in US is a must for H4 to stay in US.

In future, I might need to take same day visit to Canada (once a month or so) for housekeeping things, will I face any difficulties? Did someone go through similar experience before?

Just once a month should not be a problem.

 

[shri.ca]

Just once a month should not be a problem.

Thanks very much Hari.

 

[RAGEH]

ابحث عن هجره

 

[su0du0tict]

Hello Hari,
Thank you for explaining this this, my wife has EAD and works in the US remote and I work from office , if we commute Monday and go back on Tuesday , again come on Wednesday and go back on Thursday, come on Friday and go back on Saturday like that, stay nights alternately in the US and she will always travel with me, do you think there might be issues ? She will always travel with me. Do you have any thoughts ?
I plan to keep residence in both USA and Canada.

 

[singhno]

Hello Hari,
Thank you for explaining this this, my wife has EAD and works in the US remote and I work from office , if we commute Monday and go back on Tuesday , again come on Wednesday and go back on Thursday, come on Friday and go back on Saturday like that, stay nights alternately in the US and she will always travel with me, do you think there might be issues ? She will always travel with me. Do you have any thoughts ?
I plan to keep residence in both USA and Canada.

i think so. SHe is on h4 ead right? BO can raise questions

 

[su0du0tict]

i think so. SHe is on h4 ead right? BO can raise questions

Thank you for your response.
Yes she is on H4 EAD I am on H1,I missed to write that .

Weekly commute will also trigger issues ? We travel together on Monday morning and go back on Friday Evening.

 

[singhno]

Thank you for your response.
Yes she is on H4 EAD I am on H1,I missed to write that .

Weekly commute will also trigger issues ? We travel together on Monday morning and go back on Friday Evening.

BO can raise issues man. You need to be in US for her H4 to be valid. I am not sure about the legal aspects of this, you may contact your company lawyer.

 

[su0du0tict]

BO can raise issues man. You need to be in US for her H4 to be valid. I am not sure about the legal aspects of this, you may contact your company lawyer.

Thank you again --

I will check that , thank you, I inferred that, H4 EAD is a complicated Status, thought it provides open work permit, but there are so many complications around it.

 

[singhno]

Thank you again --

I will check that , thank you, I inferred that, H4 EAD is a complicated Status, thought it provides open work permit, but there are so many complications around it.

H4 has privileges that only gc holders enjoy.

 

[swan0206]

Thank you again --

I will check that , thank you, I inferred that, H4 EAD is a complicated Status, thought it provides open work permit, but there are so many complications around it.

H4 travelling once a month wouldn't cause any issues. As you said you work from office, you can keep travelling daily or weekly based on your requirement and you can establish residence in Canada and make it little easier instead of both travelling on a regular basis which is tricky situation and H4 mgiht have problems in future as mentioned by @shri.ca in his post.

 

[smap.windy]

Thank you for your response.
Yes she is on H4 EAD I am on H1,I missed to write that .

Weekly commute will also trigger issues ? We travel together on Monday morning and go back on Friday Evening.

Are you currently visiting Canada, Friday - Monday and returning to US every week? Can you please share some details in regards to US POE / Canada requirement of RT-PCR

 

[su0du0tict]

Are you currently visiting Canada, Friday - Monday and returning to US every week? Can you please share some details in regards to US POE / Canada requirement of RT-PCR

Hello, in US side they didnt check anything , I went for one weekend and used AVR.
Canada side had done RTPCR, but I hear that for weekly travellers no RTPCR needed.
In Arrive can there is option to do that