Rumors about an executive order that bans the entry H1b holders around.

[spider87]

Feb2020: Received new I797 with consular notification. Went to cbp office and got the new paper I94 based on new I797 while having the visa valid till 14March2020(base on old I797 but for same employer ).
10March2020: Starting period of working from home.
17Mar2020: Sent the passport in hurry after seeing the consular alert on suspending visa. Luckily they stamped it on 20th for the new petition and sent me back.
23Jun2020: Reentered US just to keep the status current. While entering i showed the pages of old visa and I94 . cbp did not issue new I94 even though it was more than 30 days since my last entry but let me in with the last i94 that was issued in March(after verifying if its currently valid).

Thanks for your reply.

>> Feb2020: Received new I797 with consular notification. Went to cbp office and got the new paper I94 based on new I797 while having the visa valid till 14March2020(base on old I797 but for same employer ).
I didn't know you could do that. In order to extend your I-94 validity when I797 is filed with consular notification, I though we need to get visa stamped. Did the new paper I-94 extend your validity for an additional 3 years and can you use AVR to enter the US with this (assuming it wasn't more than 30 days since your last visit to the US)? Which CBP office did you go to?

 

[spider87]

Does anyone know if the US consulate in Toronto will stamp H-1B visas (assuming we were either in the Country on June 24 or we have a valid visa) before Dec 31? I didn't think they did but Greg Siskind seems to suggest that here:

https://twitter.com/i/web/status/1275543622226792457

 

[monika.akade]

anyone traveled to US using AVR today?
Thanks.

 

[harirajmohan]

Now the thing to note which is tricky. Canadian citizens dont need a visa stamp. They just go to the border and give their I797 and I129 and they are issued a I-94.

Yes its the confusion for many. By my lawyer they interpret as non-issue.
https://www.ellisporter.com/immigration-news/2020/6/22/trump-issues-proclamation-suspending-the-entry-of-foreign-nationals-is-several-work-visa-categories
"It appears that Canadian citizens, who are generally visa-exempt, would not be barred from entering the US "

We dont till someone tests it and cbp get used to it. Will have to watch for it.

Edit: Some lawyers say its fine. Greg Siskind also says its ok.

 

[scylla]

Hey guys, I am on F-1 OPT atm. My visa has expired. I planned to travel to Canada to study in August. If I were denied entry at Canada port of entry, can I still go back to the US? I'm not working but only volunteering full-time at the moment. I can show my timesheet or I can ask for a letter stating that I've been volunteering at least 20hrs/week from the organization. Tks.

As long as you hold an approved Canadian study visa, there should be no reason why Canada would refuse you entry.

 

[VOBuckeye]

So just a quick update....I crossed the border this morning into US and no questions asked, business as usual. I used my Nexus card.
H1B visa Stamp is valid till later this year.

 

[harirajmohan]

Thanks for your reply.

>> Feb2020: Received new I797 with consular notification. Went to cbp office and got the new paper I94 based on new I797 while having the visa valid till 14March2020(base on old I797 but for same employer ).
1. I didn't know you could do that. In order to extend your I-94 validity when I797 is filed with consular notification, I though we need to get visa stamped.
2. Did the new paper I-94 extend your validity for an additional 3 years
3. and can you use AVR to enter the US with this (assuming it wasn't more than 30 days since your last visit to the US)?
4. Which CBP office did you go to?

1. Yes we can and many even try with old employer's visa too(me too tried a decade ago). But in my case the officer asked if this visa was for same employer and i said yes - thats why i went as it wont be a problem as they understand about it. I hesitate and cbp will question sometimes if its other employer's visa(depends on officer as some dont like it) but if its same employer then they dont really question much.
2. Yes of course but 3 years from the requested date(of new I94). They dont(hesitate to) give more than 3 years hence we loose few weeks/days(I went on Feb13th for asking I94 till 13Mar2023 while the current I94 was valid till 14Mar2020 but was given I94 till 02/12/2023).
3. Yes, they dont usually issue new I94(but they can because when i did my landing and flew back very next day to US while being US resident, the officer issued me new I94 with more validity than the I797). So it all depends on the officer as it allows them to add/reduce the days of I94(since its a new entry technically anyway).
But couple of times when we drove back to US while staying in US, there was not update to I94. Update to I94 happens rarely(or few times) within US-Canada trip.
4. Detroit Tunnel.

 

[BhargavDadhaniya]

So just a quick update....I crossed the border this morning into US and no questions asked, business as usual. I used my Nexus card.
H1B visa Stamp is valid till later this year.

Thanks for sharing. Did they check your H1B stamp and i94 as well?

Also, guys pls keep sharing here whoever crosses the border today.

 

[suemon]

Hi, all, I completed a web inquiry on CBP asking about AVR after 6/24. And here is the reply I received this morning. It looks like everything is going to be OK for AVR travelers!

-----
Thank you for contacting the U.S. Customs and Border Protection (CBP) Information Center.

There have been no changes to automatic re-validation.

Please speak with a CBP Officer at the CBP port of entry through which you plan to travel. See a list of CBP ports of entry at: http://cbp.gov/contact/ports.

COVID-19 Related Travel Restrictions across the U.S. Borders with Canada and Mexico

• The United States will temporarily limit inbound land border crossings from Canada and Mexico to “essential travel”.
• U.S. citizens, lawful permanent residents and certain other travelers are exempt from this action.
• These measures were implemented on March 21, 2020 and were originally in place for 30 days, subject to reevaluation and further extension in light of the fluid nature of the coronavirus pandemic. On April 20, 2020, these measures were extended for an additional 30 days; on May 19, 2020, these measures were extended until June 22, 2020; and on June 16, 2020, these measures were once again extended until July 21, 2020.

The following categories do not fall within the definition of “essential travel:”

• Individuals traveling for tourism purposes, such as sightseeing, recreation, gambling, or attending cultural events in the United States.

Who is considered an “essential” traveler?

• Citizens and lawful permanent residents returning to the United States.
• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States).
• Individuals traveling to attend educational institutions.
• Individuals traveling to work in the United States (e.g., individuals working in the agriculture industry who must travel between the United States and Canada or Mexico in furtherance of such work).
• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies).
• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada and Mexico).
• Individuals engaged in official government travel or diplomatic travel.
• Individuals engaged in military-related travel or operations.

This action does not apply to air, rail, or sea travel at this time, but does apply to commuter rail and ferry travel.

 

[monika.akade]

Hi, all, I completed a web inquiry on CBP asking about AVR after 6/24. And here is the reply I received this morning. It looks like everything is going to be OK for AVR travelers!

-----
Thank you for contacting the U.S. Customs and Border Protection (CBP) Information Center.

There have been no changes to automatic re-validation.

Please speak with a CBP Officer at the CBP port of entry through which you plan to travel. See a list of CBP ports of entry at: http://cbp.gov/contact/ports.

COVID-19 Related Travel Restrictions across the U.S. Borders with Canada and Mexico

• The United States will temporarily limit inbound land border crossings from Canada and Mexico to “essential travel”.
• U.S. citizens, lawful permanent residents and certain other travelers are exempt from this action.
• These measures were implemented on March 21, 2020 and were originally in place for 30 days, subject to reevaluation and further extension in light of the fluid nature of the coronavirus pandemic. On April 20, 2020, these measures were extended for an additional 30 days; on May 19, 2020, these measures were extended until June 22, 2020; and on June 16, 2020, these measures were once again extended until July 21, 2020.

The following categories do not fall within the definition of “essential travel:”

• Individuals traveling for tourism purposes, such as sightseeing, recreation, gambling, or attending cultural events in the United States.

Who is considered an “essential” traveler?

• Citizens and lawful permanent residents returning to the United States.
• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States).
• Individuals traveling to attend educational institutions.
• Individuals traveling to work in the United States (e.g., individuals working in the agriculture industry who must travel between the United States and Canada or Mexico in furtherance of such work).
• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies).
• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada and Mexico).
• Individuals engaged in official government travel or diplomatic travel.
• Individuals engaged in military-related travel or operations.

This action does not apply to air, rail, or sea travel at this time, but does apply to commuter rail and ferry travel.

Thank you.

 

[harirajmohan]

Thanks for sharing. Did they check your H1B stamp and i94 as well?

Also, guys pls keep sharing here whoever crosses the border today.

I think that they are clear on deciding not to trouble existing visa holders and interpreting that visas wont get issued hence trouble doesnt anyway reach the port as only existing visa holders(job holders) can only seek entry for doing existing jobs. Will see how it shapes up though.

 

[harirajmohan]

Does anyone know if the US consulate in Toronto will stamp H-1B visas (assuming we were either in the Country on June 24 or we have a valid visa) before Dec 31? I didn't think they did but Greg Siskind seems to suggest that here:

https://twitter.com/i/web/status/1275543622226792457

Seems that lawyers are interpreting like there is no distinction between first time visa or renewal/subsequent. So this is going to be a problem, will see, cant see any change this year i guess. In one article i saw the note as "Lot of people are going to be stuck in US and lot of people are going to be stuck outside US" which is true.

 

[nvap23]

Hello All:
Just wanted to check with you guys about my situation:

I have been in US for a long time on H1B and my H1B expires in Aug 2020 with my previous employer A.
I became a Canadian PR in Oct 2019 and have been commuting and working for my current employer B.
Since I have a I797 with I94 validity till end of 2020, I was given an I94 with validity till early 2021.
Employer C has just petitioned a new H1B under premium processing and I am hoping I would get a 3 year extension.

I understand that I am safe to cross the border since I have a valid H1B visa till Aug 2020 with employer A.
I believe I can continue commuting and work for employer B till early 2021 since I have I94 valid till early 2021.

If my H1B petition gets approved with employer C, do you guys know if CBP would issue a new I94 through AVR till its validity lets say 2023?
If not, I would need to work with my current employer B for H1B extension hoping that if I stick with the same employer would not be a problem.

Thanks in advance for your response.

 

[VOBuckeye]

Thanks for sharing. Did they check your H1B stamp and i94 as well?

Also, guys pls keep sharing here whoever crosses the border today.

No, didn't ask to see my stamp or passport. Just scanned my nexus card. Was asked where I was going and what I was bringing in.

 

[harirajmohan]

Hello All:
1. If my H1B petition gets approved with employer C, do you guys know if CBP would issue a new I94 through AVR till its validity lets say 2023?
2. If not, I would need to work with my current employer B for H1B extension hoping that if I stick with the same employer would not be a problem.

1. Make sure to request extension of I94 too. In this way you dont need new I94 from CBP. Just use this printed one from USCIS.
Some CBP officers will ask on it and tell that its the one you received from uscis. Then very few officers will say that you need to get new and they will issue new one without question on asking new stamp(even if they ask on new stamp then tell that consulates are closed and trying on it) but legally they would issue I94 without valid visa as you are maintaining H1 status current all along.
2. Not applicable.