Daily commute (Detroit-Windsor) (H1b and Canada PR)

[hazelb712]

Hello to all,
I have a question about AVR.
I am planning to go to Canada for first time landing on Thanksgiving, my current status in US is H1B since 2015. Prior to 2015, my visa was F1. I never left the States since then and the only visa on my passport is an expired F1 visa.
I have been studying the AVR rules, and read other posts. There are posts said it's OK and others said only applied to the same category of visa. So I am really confused now.
Could anyone kindly give me a suggestion about if my status applies to AVR? Also, do I need to submit the I94 on my I797 approval letter when I leave US ?
Thanks in advance.

 

[skarme312]

Hello to all,
I have a question about AVR.
I am planning to go to Canada for first time landing on Thanksgiving, my current status in US is H1B since 2015. Prior to 2015, my visa was F1. I never left the States since then and the only visa on my passport is an expired F1 visa.
I have been studying the AVR rules, and read other posts. There are posts said it's OK and others said only applied to the same category of visa. So I am really confused now.
Could anyone kindly give me a suggestion about if my status applies to AVR? Also, do I need to submit the I94 on my I797 approval letter when I leave US ?
Thanks in advance.

Not sure this is the correct thread for this question, however I will try and answer to the best of my knowledge (not legal advise, consult your legal advisor from work).
As long as your stay in Canada is less than 30 days, it should be fine. Don't worry to much about the paper I94 attached to the I797A, they don't really care, the electronic I94 will reflect your most recent entry. Some CBP officers may not be aware of the AVR rule (especially at land borders) so carry a print out of the AVR documentations (https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors) and kindly request for a supervisor. If your really paranoid you can schedule an H1B interview in Canada and have that sorted out while your are in Canada, although not sure you will get a slot so soon.

 

[hazelb712]

Not sure this is the correct thread for this question, however I will try and answer to the best of my knowledge (not legal advise, consult your legal advisor from work).
As long as your stay in Canada is less than 30 days, it should be fine. Don't worry to much about the paper I94 attached to the I797A, they don't really care, the electronic I94 will reflect your most recent entry. Some CBP officers may not be aware of the AVR rule (especially at land borders) so carry a print out of the AVR documentations (https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors) and kindly request for a supervisor. If your really paranoid you can schedule an H1B interview in Canada and have that sorted out while your are in Canada, although not sure you will get a slot so soon.

Hi Thanks so much for your answer!

 

[justinline]

Hello to all,
I have a question about AVR.
I am planning to go to Canada for first time landing on Thanksgiving, my current status in US is H1B since 2015. Prior to 2015, my visa was F1. I never left the States since then and the only visa on my passport is an expired F1 visa.
I have been studying the AVR rules, and read other posts. There are posts said it's OK and others said only applied to the same category of visa. So I am really confused now.
Could anyone kindly give me a suggestion about if my status applies to AVR? Also, do I need to submit the I94 on my I797 approval letter when I leave US ?
Thanks in advance.

I did F1 to H1b status change AVR(actually if your I797 has the I94 your status is already H1b), keep in mind it was 7-8 years back, I dont think any rules have changed. Also it was not an easy one, definitely they will send you to secondary, I was in the secondary for upwards of 3 hrs, so go with ample time in hand if going by plane, if going on border crossing make sure to avoid peak times.

I did not submit my I94 when leaving US, you will need that for AVR. While coming back sometimes they give new I94, sometimes they let you in with same I94. They gave me new one.....when I asked why, as my I797 has the I94, they said something like it signifies change of status from CBP perspective......(or something on those lines).

Again my experience is little dated......so take it for what its worth.

 

[skarme312]

For those folks commuting, is there any amendment needed on H1b?

 

[justinline]

For those folks commuting, is there any amendment needed on H1b?

With commuting where you live changes, not where you work.

If your company is in Detroit, your LCA says you work in Detroit, do not need any amendment. Most likely you will be travelling everyday to work location.Things get trickier if you do not travel every day or workdays on the job location........ie you are working remote most or whole of the time.
People do do the remote thing while living in Canada and travelling once in a while to job location, whats the full extent of its legality........I dont know. But I have seen cases the person only traveled once a year to job location and was working remotely for whole of the time......some might argue this is violation of the LCA terms, some may argue LCA does not matter as the person is outside of the Canada. Any how in these cases amendment is inconsequential.......what are you going to file in the amendment.....you will be working in Canada?

Depends on your situation as well, if you have been working in Texas and now you will be working out of the Seattle office while living in Vancouver....in that case of course, you better file an amendment.

 

[skarme312]

With commuting where you live changes, not where you work.

If your company is in Detroit, your LCA says you work in Detroit, do not need any amendment. Most likely you will be travelling everyday to work location.Things get trickier if you do not travel every day or workdays on the job location........ie you are working remote most or whole of the time.
People do do the remote thing while living in Canada and travelling once in a while to job location, whats the full extent of its legality........I dont know. But I have seen cases the person only traveled once a year to job location and was working remotely for whole of the time......some might argue this is violation of the LCA terms, some may argue LCA does not matter as the person is outside of the Canada. Any how in these cases amendment is inconsequential.......what are you going to file in the amendment.....you will be working in Canada?

Depends on your situation as well, if you have been working in Texas and now you will be working out of the Seattle office while living in Vancouver....in that case of course, you better file an amendment.

Thanks for the info. That was my impression but I read on a US specific forum where a lawyer suggested amending to "commuter status". My job location absolutely does not change, and I don't intend to work remotely.

 

[justinline]

Not sure about that...I heard there is something called 'Commuter Status' for Green Card holders. Never heard that for H1b, I am assuming you are on H1b. Show me the link....may be something.

If you are travelling to work location mentioned in the LCA, you are fine. I have been doing it and many others.

 

[skarme312]

Not sure about that...I heard there is something called 'Commuter Status' for Green Card holders. Never heard that for H1b, I am assuming you are on H1b. Show me the link....may be something.

If you are travelling to work location mentioned in the LCA, you are fine. I have been doing it and many others.

Here is the link-

https://www.avvo.com/legal-answers/can-i-live-in-windsor--canada-on-a-canadian-pr-and-3281159.html

 

[justinline]

Frankly speaking I never heard of it.....to declare Commuter Status in I129 . You can check the I129 form, just google it and search the pdf to see if there is any check box or something. I never seen one. Best is to ask your company lawyer or just ask a question on the www.lawbench.com. Its paid service though.

Who knows.....in this era of heightened scrutiny, better cross your T's and dot your I's.

 

[skarme312]

Frankly speaking I never heard of it.....to declare Commuter Status in I129 . You can check the I129 form, just google it and search the pdf to see if there is any check box or something. I never seen one. Best is to ask your company lawyer or just ask a question on the www.lawbench.com. Its paid service though.

Who knows.....in this era of heightened scrutiny, better cross your T's and dot your I's.

I checked with my lawyer. An amendment is not needed.

 

[Mkranthi]

Hi, I am a daily commuter from Windsor to Detriot and I am on H1B , working as full time developer since 6 years in Michigan. My husband accompanied me in Michigan and he got his H4 EAD so started working in 2018 for a client in Virginia. We got our Canada PR recently so, I moved to Windsor to complete my landing procedures and wanted to explore options , hence I decided to stay in Windsor for few days. I moved in before thanks giving. My husband visited and stayed with me now and often by taking off etc.

When he visited for 5th time, we were stopped at Detroit port of entry and officer said that as primary petition holder (H1B) is staying in Canada currently, my husband cannot enter US on H4 and work. As H4 has to accompany H1 applicant, he has to accompany me to Windsor.
I mentioned to the officer that I did not have plans to settle in Windsor and I am planning to move back to Michigan soon, he said he cannot allow my husband right now in USA as I am not staying in USA.

After this incident happened, I continued my travel every day as usual. I was stopped 5 days at port of entry and sent to secondary inspection.
They asked me about my stay in Windsor and I gave them whole scenario and mentioned to them that I got apartment and I am moving back. I also asked him if my husband can accompany me.
He asked me in return if the officer has cancelled or revoked his visa. I asked him how can I find that out. He answered that if there is nothing written on this stamp or stamped anything on his visa, then his visa would be valid to travel with me. He asked me if my husband was working in US and if he was with me in Michigan, I said yes on EAD and he would report to Virginia client location once in a while. I told him my husband took a break as he is in Windsor right now. He mentioned again that as long as his visa stamp is clean, his visa would be valid.

Currently, I got a lease for an apartment with my name and my husband’s name in Michigan and we are planning to move by Thursday. Will it be fine at port of entry if we show proof of residence here in Michigan and mention to them that my Windsor stay was intended to be temporary to complete landing procedures.

If they ask regarding my husband stay in USA while I was in Windsor, I would like to mention to them that, this was temporary move and my husband accompanied me in Windsor few days and he is looking for apartments and other things for us to move in to new apartment.

It would be great if any one in this forum can shed some light regarding this scenario and let me know if what I am intending to do will be fine for this coming Thursday.

Thanks for your time and input

 

[skarme312]

Hi, I am a daily commuter from Windsor to Detriot and I am on H1B , working as full time developer since 6 years in Michigan. My husband accompanied me in Michigan and he got his H4 EAD so started working in 2018 for a client in Virginia. We got our Canada PR recently so, I moved to Windsor to complete my landing procedures and wanted to explore options , hence I decided to stay in Windsor for few days. I moved in before thanks giving. My husband visited and stayed with me now and often by taking off etc.

When he visited for 5th time, we were stopped at Detroit port of entry and officer said that as primary petition holder (H1B) is staying in Canada currently, my husband cannot enter US on H4 and work. As H4 has to accompany H1 applicant, he has to accompany me to Windsor.
I mentioned to the officer that I did not have plans to settle in Windsor and I am planning to move back to Michigan soon, he said he cannot allow my husband right now in USA as I am not staying in USA.

After this incident happened, I continued my travel every day as usual. I was stopped 5 days at port of entry and sent to secondary inspection.
They asked me about my stay in Windsor and I gave them whole scenario and mentioned to them that I got apartment and I am moving back. I also asked him if my husband can accompany me.
He asked me in return if the officer has cancelled or revoked his visa. I asked him how can I find that out. He answered that if there is nothing written on this stamp or stamped anything on his visa, then his visa would be valid to travel with me. He asked me if my husband was working in US and if he was with me in Michigan, I said yes on EAD and he would report to Virginia client location once in a while. I told him my husband took a break as he is in Windsor right now. He mentioned again that as long as his visa stamp is clean, his visa would be valid.

Currently, I got a lease for an apartment with my name and my husband’s name in Michigan and we are planning to move by Thursday. Will it be fine at port of entry if we show proof of residence here in Michigan and mention to them that my Windsor stay was intended to be temporary to complete landing procedures.

If they ask regarding my husband stay in USA while I was in Windsor, I would like to mention to them that, this was temporary move and my husband accompanied me in Windsor few days and he is looking for apartments and other things for us to move in to new apartment.

It would be great if any one in this forum can shed some light regarding this scenario and let me know if what I am intending to do will be fine for this coming Thursday.

Thanks for your time and input

Your husband lives in Virginia or in Windsor ? Based on what the first officer told you it would be fine is your husband lives with you in Windsor and commutes to Michigan, right?

 

[Mkranthi]

Your husband lives in Virginia or in Windsor ? Based on what the first officer told you it would be fine is your husband lives with you in Windsor and commutes to Michigan, right?

My husband used to be with me in Michigan and report to Virginia once in a while till I was in Michigan. After I moved to Windsor, he was in Michigan and visited me in Windsor for few days and continued reporting in Virginia once in a while

 

[Mkranthi]

Per the officer, if you husband enters with you...it shouldn't be a problem right?

Thats what I understood too. He suggested that my husband should enter on H1 visa to work if I am in Windsor. But as I am moving to farmington, he can come on H4 I guess