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

Discussion in 'H-1B Holders in the U.S.' started by prudhvi, Jun 15, 2017.

  1. H1B petition is filed by the employer. Employee's residence is immaterial for the petition. They want to know where the employee will work and that must be a US location because you don't need to petition to USCIS if someone wants to work in Canada.

    As for 'extension of stay' which is a secondary part of the petition. If the petition requests extension of stay, that means the employee is physically living in the US and wants to extend their I-94. In case of commuters, this second part of the petition may be denied if the I-94 submitted with the petition is no longer the most recent I-94. A lot is at the discretion of the officer at this point because USCIS views this extension of stay as a 'benefit' that is given to the employee. They can potentially deny this benefit and approve the petition as consular notification. It is totally discretionary. If that happens, all you will need to do is to arrive at the US border with the new petition and valid visa (previous or new) and voila you have a new I-94. From that point on, you can use AVR to continue your commute. But always note that even entry to US is a benefit. As a non-immigrant, CBP has full authority to deny you entry, but they are very less likely to do that for any of these reasons.
     
  2. Has any one done the commute between Detroit and Windsor on COPR? Is it possible?
     
  3. Hello Friends,
    I have a question here which might have been answered earlier but I would like to go ahead to seek clarification to my query.

    I have a job which will mostly be offered in a week in Detroit, US and I am Canada PR holder. Can I work in US being a CANADA PR and reside in Windsor, Canada ? I don't have any US visa other than B1/B2. Anyone in same boat or have similar case info will help me a lot. Thanks in advance.
     
  4. B1/B2 visa is not a work permit, its a temporary Business Visitor visa. So, you wont be able to work on the basis of that. Your US employer needs to file either L1 or H1B visa for you before you start work.
     
  5. The only way it can work is remote job and you visit US once in a six month for attending meeting etc. but not for any other work. Just google permissible activities under B1/B2 visa.
     
  6. Hello guys,

    I have L2 visa and I live in Windsor. Can I apply for EAD and keep living in Windsor?
    I am planning to work in Detroit.
     
  7. You can certainly apply for EAD while you are in the US. But when the application gets processed, you may be outside the US or commuting and it is upto USCIS's discretion whether they want to approve it or not. If you want to be on the safest side, you are supposed to stay in the US while the application is being processed. Also, since L2 is dependent status, your L1 spouse must be living in the US and working in L1 status. If L1 spouse is also commuting, then it adds one more level of complexity. If the L1 spouse is not living in the US, then you are not eligible even for L2 status, forget EAD.
     
  8. Hi all,

    I have query regarding Soft Landing and H1B Stamping for first time.

    So, I need to visit India in December 2019 for first time H1B stamping and I also need to land in Canada prior to January 2020 to activate PR.

    My choice is- Drive to Windsor (I currently live in metro Detroit) to activate PR (soft landing), Fly to India from Toronto for H1B visa stamp, return to Detroit (provided everything goes well) from India and then go to Windsor. If this case is feasible, can I re-enter Canada without PR card and solely on COPR via land border?

    Other option is- Fly to India from US for H1B interview and return back to US (provided everything goes well). After that drive to Windsor to activate PR and come back to Detroit. Question still remains, if this case is feasible, can I re-enter Canada without PR card and solely on COPR via land border?

    I request you guys to please assist in any possible way.
    Thanks
    Bhargav
     
  9. I will strongly suggest to complete your soft landing before you go to India for visa stamping. If you plan to do soft landing later and you're stuck in India due to any issue in stamping, you would risk your PR activation too.

    If you have any friend or relative in Canada, you can get your PR card mailed to them. Some people did post some successful experiences of using COPR during road travel (rental car or your own car) to Canada. Since you are already in Detroit, you can try your luck using COPR to travel but you can apply PRTD if you want to be super safe.
     
  10. It is not a matter of luck. You can certainly enter Canada without the PR card via US land border when traveling in a private vehicle. Even commercial bus operators don't check PR cards and people have used those as well.
     
  11. Thank you for the response guys. This certainly is going to help me. I will be using the same Windsor border and same private car to reenter Canada. I think I will be fine with passport and COPR.

    Can someone please list out common questions that are asked when we do soft landing? Also, at the time of landing, do we need to mention that we (me and my wife are landing together) are just doing soft landing and we will be back in few weeks?
     
  12. While doing the soft landing, do we have to mention goods to follow and goods to accompany lists?
    Also, if I plan to do like daily up-down travel between Detroit-Windsor, do I need to mention in the list that I am importing my car?

    Please assist.
    Thanks.
     
  13. For soft landing you don't have to provide Goods to Follow list.
    When the officer asks about your plans to move, just say you are not sure and its undecided.

    However, do remember they won't apply for PR card yet since you are soft landing.
    They won't accept friends/relatives address and will tell you to apply for PR card after you have your own Canadian address.
     

  14. Thank you for your response. I came to know from other posts that, officer just asks for any address for PR card (even if it is Soft landing).
    Is this recent trend that during soft landing, they will not apply for PR card? Or does this depend on officers?
     
  15. All the posts I have read, say that @ WIndsor they do not process PR card since last year. My experience was same too.
    I did my landing this year in June, and the officer said since you are not moving permanently we will not do your PR now.
    Do it once you have Canadian address, they won't do it for your friend/relatives address.
    You might try, but chances are that's what you will hear as well.
     

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