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

[theklaw22]

Hopefully this will make you happy

https://twitter.com/i/web/status/1275888516459827200

Yes sir! I got clarification as well and it says Canadians with approved H1b/I797 can go to the border and cross. Canadians are exempt! Hoping for more postiive news to come for everyone!

 

[zaid.ahmed23]

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

I get your point. I am not sure if you have a Canadian study permit which was approved before March 18, 2020. You know better if you satisfy that criteria.

 

[despairedh1b]

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

I know this might sound trivial but the admission is really entirely on CBP personnel present during your immigration - based on their understanding of the executive order. Technically they should let you in - For this reason, people might wait for others to cross, get some intel and then take the risk.

 

[vhptanh@97]

I get your point. I am not sure if you have a Canadian study permit which was approved before March 18, 2020. You know better if you satisfy that criteria.

Yes, I was approved for a study permit before March 18, i.e. a POE letter of invitation. But even still, CBSA has all the authority to let one in or deny entry.

Do you know if I can get back to the US, in case I'm denied entry to Canada? I have my EAD card valid till January 2021 and proof that I'm doing unpaid work full-time to meet the OPT requirement.

 

[zaid.ahmed23]

Yes, I was approved for a study permit before March 18, i.e. a POE letter of invitation. But even still, CBSA has all the authority to let one in or deny entry.

Do you know if I can get back to the US, in case I'm denied entry to Canada? I have my EAD card valid till January 2021 and proof that I'm doing unpaid work full-time to meet the OPT requirement.

Sorry I have no idea regarding entry into Canada on a student visa/study permit. So I am not sure what the CBSA personnel will be looking for to grant you entry. Try checking with people who entered Canada recently on a study permit. They'll have a better idea.

For Question 2, I have no answer as well.

 

[Shahbaz12]

Hi, my f1 visa is expired but I have a valid I94 and valid I20 till December 2020. My H1 is approved under counsler services. Therefore, my I94 is still F1 Status. I am planning to travel to Canada by road and come back to USA after 14 days using AVR. I just want to know is the current ban apply to me since I am still on F1 and the change of status has not happened yet?
Also, is there anyone who is on F1 and planning to go using AVR and come back? Please update on this thread..

 

[hanna and alice]

I am on H4 in Canada and my spouse is in US..This rule from Trump is not clear if it impacts my entry as an H4 as I am not impacting US job market in any way

Hi, are you able to back to U.S? Since there is boarder restriction and limited to only essential travelers

 

[hanna and alice]

Nope, my wife was asked to get a B1/B2 when she was sitting alongside in the vehicle. They made a note in the system and asked us to switch visa categories ASAP. So we had to get a B1/B2

Hi, could you explain more why your wife can’t cross the boarder with you on H4 in details? I’m H4 and plan to soft land with my husband, H1B visa holder. Thank you

 

[Divyak1234]

Hi, I have a Canada work permit, since the restrictions are easing, I m planning to travel to Canada by air, on a worst case, if my entry into Canada is blocked, will be able to come back to US with AVR?

My H1B extension is approved till Jan 30 2021 but its not stamped.
I have POE letter, this is the first time I will be entering Canada with my work permit.

 

[harirajmohan]

Hi, my f1 visa is expired but I have a valid I94 and valid I20 till December 2020. My H1 is approved under counsler services. Therefore, my I94 is still F1 Status. I am planning to travel to Canada by road and come back to USA after 14 days using AVR. I just want to know is the current ban apply to me since I am still on F1 and the change of status has not happened yet?
Also, is there anyone who is on F1 and planning to go using AVR and come back? Please update on this thread..

I doubt as CBP is not there for your change of status. They can only revalidate existing status you are already in, Currently you are on F1 hence i dont think that you can request cbp to allow you to enter via new status.

https://www.peerallylaw.com/automatic-revalidation-travel-contiguous-territory-adjacent-island/
In order to us the automatic re-validation of an expired H-1B/H4 visa after the trip to a contiguous territory, the visa holders must have, in addition to their passport and I-797 H-1B or H-4 approval notice, a valid Form I-94 card (either from the 797 notice or printed from CBP website) passport Admission stamp showing H-1B or H-4 status.

https://help.cbp.gov/s/article/Article-1218?language=en_US
"The underlying authorization for the current status continues to be valid for the Form I-129 for non-immigrant workers and Form I-20 for students in F status."

You should be fine

AVR is not for change of status as far as i understand. They just revalidate the current status, not issue you a new status altogether. This is not same as issuing new I94(in which they just need to put H1 instead of F1). I doubt that this is allowed by cbp. Do you know if anyone else tried and received change of status.

 

[harirajmohan]

Hi, I have a Canada work permit, since the restrictions are easing, I m planning to travel to Canada by air, on a worst case, if my entry into Canada is blocked, will be able to come back to US with AVR?

My H1B extension is approved till Jan 30 2021 but its not stamped.
I have POE letter, this is the first time I will be entering Canada with my work permit.

Call the border and find out if you are eligible to enter.
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors-foreign-workers-students.html#restrictions-workers

US side: If denied in Canada then its going to be huge problem for entry in US as it create too much doubt about your candidacy. So try avoiding this situation first.

 

[DEEPCUR]

Hi, could you explain more why your wife can’t cross the boarder with you on H4 in details? I’m H4 and plan to soft land with my husband, H1B visa holder. Thank you

You can soft land and come back definitely.

His case is very different.. he moved out of USA, became a commuter. Doesn’t reside in US anymore. So his dependent had issue entering US

 

[harirajmohan]

That's not correct. Here's the plain language of the federal regulation for AVR.

https://www.law.cornell.edu/cfr/text/22/41.112

(ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.

Here are further clarifications:
https://www.murthy.com/2018/03/26/contiguous-territory-rule-permits-reentry-from-canada-or-mexico-2/

Automatic visa revalidation is even available in those situations where a foreign national uses a visa in one category to enter the United States, and later changes to a different status within the U.S. In those situations, where a foreign national did not depart the U.S. and applied for change of status to a new nonimmigrant category, the visa stamp in the passport will be in the category of the initial entry. In this common situation, the foreign national may present the original visa, expired or not, and the I-797 approval notice and I-94 card showing the change of status. Under the contiguous territory rule, the Port of Entry (POE) officer in Canada or Mexico may automatically extend the visa to the date of application for readmission, and the visa is considered converted as necessary to that changed classification. Again, there is no new visa actually granted.

May be you should re-read your own posted statements. Read the red marked words.
One should have been changed the status within US for cbp to allow the current status to be revalidated(irrelevant of what visa the candidate holds). So op here did not get the change of status completed within US hence how would cbp honor it simply based on consular notification document(which is not change of status approval at all).

 

[silent_assassin]

the

have

I know this might sound trivial but the admission is really entirely on CBP personnel present during your immigration - based on their understanding of the executive order. Technically they should let you in - For this reason, people might wait for others to cross, get some intel and then take the risk.

My bad. Makes sense. CBP personnel might deny entry to some. Has anyone already made the entry back to the US on a valid visa stamp after the EO?

 

[Shahbaz12]

You're right. In that case, OP can only come back as F-1 provided it didn't expire

My intention is to travel back on F1 as the visa stamp is expired but i have a valid I20 and I94 till end of Dec-2020. Having said that, I was concerned if my approved H1b (which is not yet stamped as it is approved under counselor processing) will have any affect on my travel. However, as you guys mentioned i should be able to use AVR and return back on F1 as the status of F1 is still active until december-2020 but we cannot expect how CBP officers will handle these situations now after the release of the new ban.