H1B renewal/exrension while in Canada (Daily commute)

[coolusa]

hello,
I have moved to Canada on PR and still working on H1B (Daily commute). Stamped h1 visa expired last week, having i797A till 2015 Feb.
My H1B (i94) is going to expire and need new extension and going to start the process.
*I am still having a home in US(rented out)

How to proceed the extension process
1. Do I need to be inside US during start from application , till gets approval? Considering premium process
2. OR apply for extension with Consular process at Canada?
3. Can I use AVR and travel after the filing?
@harirajmohan

 

[harirajmohan]

hello,
I have moved to Canada on PR and still working on H1B (Daily commute). Stamped h1 visa expired last week, having i797A till 2015 Feb.
My H1B (i94) is going to expire and need new extension and going to start the process.
*I am still having a home in US(rented out)

How to proceed the extension process
1. Do I need to be inside US during start from application , till gets approval? Considering premium process
2. OR apply for extension with Consular process at Canada?
3. Can I use AVR and travel after the filing?
@harirajmohan

I dont know when you moved but if you are recently moved then they might start asking questions and stopping at the border frequently if the border guys didnt issue new I94. it depends totally as some do and some wont try to expect paper i94 issued at border. I feel like the border guys at land border issues paper I94 to easily identify the daily commute guys.

Either way, you need surely valid visa to cross the border or valid I94(if you are still maintaining status within 2 countries by entering US every 30 days). As you are daily commuting i dont see an issue(except sometimes they might stop you at border which you already may be encountering) but not an issue to enter.

But surely you need approval before your current I94 expires. So best bet, get it via premium whether you pay or company pays.

1. You need to be inside US on the day of filing to extend your current I94. later you dont need to be in US(but need to maintain status till approval by at least commuting often).
when my last extension was filed, i was commuting and i was asking my company to do the premium to avoid border issue and commute trouble and finally 1-2 weeks before current i94 expires i received the approval doc. The new intelligent lawyer(which got changed to new law company at that time) possibly didnt do the checkmark for extending the I94 status while filing which i got to know after receiving the approval. Either way, we need approved doc to get admission at border hence get your approval before current one expires.
2. No need of consular processing.
3. No relation of using avr and extension. Avr is just to use expired visa to enter the country based on current valid existing issued I94.