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.

 

[coolusa]

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.

@harirajmohan Thank you for the reply....You are a life saviour...Thanks for providing guidlines since 2019

On this topic I have a small question also. My stamped visa expired. I have I797A with current employer valid until Feb 2025..At border they stamped already showing H1B valid until Feb2025., and current I94 also reflecting the same.I am using AVR to commute daily with these.
1. heard like H1 extension completely changed to online and no need toFedex the package, is that true?
2. If the extension is fully online now, Let's say a scenario like I am moving with premium and attorney is filing the extension TODAY evening and I came to US today morning. Will leave today night back to Canada. Is that a good action?
3. If my extension filed TODAY and can I enter to US tomorrow using AVR and current I797A ? OR I should not enter back until I gets the approval?

 

[harirajmohan]

@harirajmohan Thank you for the reply....You are a life saviour...Thanks for providing guidlines since 2019

On this topic I have a small question also. My stamped visa expired. I have I797A with current employer valid until Feb 2025..At border they stamped already showing H1B valid until Feb2025., and current I94 also reflecting the same.I am using AVR to commute daily with these.
1. heard like H1 extension completely changed to online and no need toFedex the package, is that true?
2. If the extension is fully online now, Let's say a scenario like I am moving with premium and attorney is filing the extension TODAY evening and I came to US today morning. Will leave today night back to Canada. Is that a good action?
3. If my extension filed TODAY and can I enter to US tomorrow using AVR and current I797A ? OR I should not enter back until I gets the approval?

1. No idea as my extension is due next year end.
2. You dont need to be there while they are upgrading to premium. It matters only on the day the filed I129 on which you would be in status to request extension of status.(later whether you return on same or not, it doesnt matter)
3. Yes you would have entered US on the day the file reaches USCIS. The extension filed with uscis is nothing to do with avr you use later after exiting US - both actions are separate.
Technically, uscis officer should usually check your current status on the day he/she approves and either extend with I94 or approving without extended i94. By law, they can avoid extending i94 if you are not in US on that day when he/she tries to check status to extend while approving the petition.
But in any case, it wont matter as you are going with premium and you have work approval till feb anyway hence even if you get approval without i94, you can walk in next day at border to get extended I94 based on new approval.

Not sure if you noticed but do not go for new I94 at border office till few days before because the guys at border deduct the number of days gap in your new I94(meaning if your current i94 expires on 21Feb2025 and your new approval doc says approved till 20Feb2028 and you walkin on 11Jan2025 to get new I94 then they will give you new I94 till 10Jan2028). It happened to me at least twice.

 

[swan0206]

@harirajmohan Thank you for the reply....You are a life saviour...Thanks for providing guidlines since 2019

2. If the extension is fully online now, Let's say a scenario like I am moving with premium and attorney is filing the extension TODAY evening and I came to US today morning. Will leave today night back to Canada. Is that a good action?

Its better to avoid leaving the country the same day. Give it a day and then you can leave. So that they know that you are inside the country the day packet reached USCIS or on the filing day. USCIS do not look deeper into the timings when you entered the country and when you left. So do not hurry . Give it a day and you should be good.