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

[VOBuckeye]

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.

Why don't you ask CBP to update your records next time you cross? My visa was expiring Aug 2020, but my I94 was valid till Oct. They put a stamp next to my visa extending entry to Oct. If you have a valid I94 till 2021, they should be able to do the same I believe.

 

[BhargavDadhaniya]

I crossed the border this morning and it was business as usual.

That is all I was asking. Thank you. Simple and one beautiful line.

 

[kp549]

Just called CBP and got the answer that AVR is not impacted by recent EO.

 

[monika.akade]

called CBP Buffalo office & the officer said they have not received any new guidelines on AVR yet & said it's unchanged as of now but he can't guarantee if that's going to be the case going forward. not sure what to make of it but at least as of now there is no change in AVR. jst thought of updating all here.
Thanks.

 

[monika.akade]

Champlain CBP out-rightly said there are no changes & should be ok to travel.

 

[siddix16]

https://twitter.com/x/status/1275807771301228545

 

[DEEPCUR]

called CBP Buffalo office & the officer said they have not received any new guidelines on AVR yet & said it's unchanged as of now but he can't guarantee if that's going to be the case going forward. not sure what to make of it but at least as of now there is no change in AVR. jst thought of updating all here.
Thanks.

lot of people have called different ports and everyone has said that there is no impact. of course, there are people everywhere in this country who don't want them to be counted on anything, probably he was one such officer!

 

[kubernetes]

Thanks..!!
There are and will be still people calling in to CBP offices and asking if they can enter with a Valid stamp
Or silently waiting on the other side of border to see which Bakra goes thru the border...
Desi Humor i say......we dont believe the statement written by USCIS..!! We need someone to cross the border and others will follow...

People are calling because they are concerned about this whole situation and nothing going as per the plan. Also, you have been just answering the part about a valid visa stamp but completely ignoring the real concern of the people about the AVR i.e for expired visa stamps with valid I797 and I94. If you have concrete information or experience then please share otherwise no need to be worked up here.

 

[theklaw22]

Yes its the confusion for many. By my lawyer they interpret as non-issue.
https://www.ellisporter.com/immigra...ign-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.

Yup I am reading alot of stuff online about this and even they said Canadians are visa exempt. Just take your forms wil you to the border.

 

[theklaw22]

The main qs is for Canadian citizens who just got their I797 and H1b issued. Are they going down to the border and were they able to get through based on the EO? First time entry?

 

[harirajmohan]

Thanks..!!
There are and will be still people calling in to CBP offices and asking if they can enter with a Valid stamp
Or silently waiting on the other side of border to see which Bakra goes thru the border...
Desi Humor i say......we dont believe the statement written by USCIS..!! We need someone to cross the border and others will follow...

Its true that rules implementation is different that whats written. We have seen what happened in countries ban when cbp arrested even LPRs and GCs just because they had those passports(and even the innocent visa holders who got it legally were arrested and sent back).

Not only these instances, when we traveled some untrained officers question the status of 2 entries before period(like what was the status one year ago when we already entered twice into the country after that). So some stupid officers think that they are there guardians and trouble only the legal innocent good travelers.

So implementation on this kind of rules is going to be painful as we see pain even in regular usual travel scenarios itself.

 

[vhptanh@97]

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

No, chances are high, with current travel restrictions, given that classes are moving online. I'm afraid that CBSA will not consider my travel as essential. I'm actually refrained from traveling, but I don't want to defer my studies, and it makes no sense for me that I'm staying in the US under F-1 visa while taking online classes in Canada. I can't work full-time (to satisfy OPT requirement) and study full-time at the same time.

 

[zaid.ahmed23]

No, chances are high, with current travel restrictions, given that classes are moving online. I'm afraid that CBSA will not consider my travel as essential. I'm actually refrained from traveling, but I don't want to defer my studies, and it makes no sense for me that I'm staying in the US under F-1 visa while taking online classes in Canada. I can't work full-time (to satisfy OPT requirement) and study full-time at the same time.

This is what it says on the Canadian website:-
If you’re an international student who has a valid study permit, or were approved for a study permit on or before March 18, 2020, you’re exempt from the travel restrictions.

I feel it shouldn't be an issue for you to enter Canada if you satisfy the above condition.

 

[silent_assassin]

leaving

Thanks..!!
There are and will be still people calling in to CBP offices and asking if they can enter with a Valid stamp
Or silently waiting on the other side of border to see which Bakra goes thru the border...
Desi Humor i say......we dont believe the statement written by USCIS..!! We need someone to cross the border and others will follow...

This.. Bang on. People will still wait for others with a valid H1B stamp to cross the border.

 

[vhptanh@97]

This is what it says on the Canadian website:-
If you’re an international student who has a valid study permit, or were approved for a study permit on or before March 18, 2020, you’re exempt from the travel restrictions.

I feel it shouldn't be an issue for you to enter Canada if you satisfy the above condition.

Exempt doesn't mean you can enter. What you quoted only a part of it. This is what CBSA is asking:
Arriving from the United States
If you are a foreign national arriving from the United States, to enter Canada, you must prove to the CBSA that you:

• are travelling for a non-discretionary (essential) purpose or are only transiting or are an immediate family member
• are not presenting signs or symptoms of COVID-19
• have a plan to quarantine for 14 days, unless exempted

These measures are currently in effect until July 21, 2020, and may be extended.

Arriving from a country other than the United States
If you are a foreign national arriving from a country other than the United States, to enter Canada, you must prove to the CBSA that you:

• are listed as being exempted from travel restrictions (including immediate family members)
• are travelling for a non-discretionary (essential) purpose
• are not presenting signs or symptoms of COVID-19
• have a plan to quarantine for 14 days, unless exempted

These measures are currently in effect until June 30, 2020, and may be extended.

Basically, if I arrive from a country other than the US, I have to prove my travel is essential AND I'm exempt from the travel restrictions. If I arrive from the US, which is my case, I have to prove that my travel is essential. Currently, it's still in discussion what would be considered as "essential" It really depends on the CBSA if they consider a travel is essential or not. It's subjective for sure.

Since I'm staying in the US under a F1 visa and on OPT, I'm just afraid that if I'm being denied entry by CBSA, what will happen to me since my country is closing border and I can't travel back to me US as my visa expired. I don't know if automatic validation will work during this time, but it's risky for sure