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

[SAM09072019]

You don’t need another petition at all. The NOID was just for extending your status and not for the work authorization itself.

Assuming there are no other issues on the petition merits, USCIS will automatically approve your petition through consular processing and you’ll get form i797b as approval copy without i94. You should try explaining this to your HR that the NOID is just for extension of stay and not for petition itself. Ask them to check this with any attorney.

If you get approval before the expiry of current visa stamp (highly recommended premium processing upgrade while replying NOID), just use the new petition and current visa stamp to enter USA. Get a new i94 at the border and submit it to your HR.

Having said that, if your HR insists on you being back in US and wants to go with another extension, I suggest you don’t push it back. Your employer needs to extend your i9 meant for work authorization, and if they are not able to do that you will be in deep trouble.

How are the other H1B holders are getting extensions those are traveling daily? I would be in the same boat in the next couple of months. I would be interested in knowing the fact and reason for NOID.

 

[harirajmohan]

I don't think there would be any entry ban on H1b. all are the rumors and it happens every time during the recession. It was not banned in 2008 though Visa number brought down drastically from 135k to 85K

Was there 30-90 days immigrant visa ban earlier? No. Why there is now? Its drump at the office who dont actually want any legal or illegal immigrants. And this is election year hence he would do anything to get back to office, just like how they printed money, fudged last unemployment report and continuously twisting Fed to make the market up to show people that everything is rosy. So anything with this guy is possible. Like the twitter fight(experts say its not even legal), he can do any innovative things.

THere is certainly rumour for sure but will see what will happen.

https://twitter.com/i/web/status/1270064149763108864

 

[DEEPCUR]

Going by the previous order, my guess is that they would stop issuing non immigrant visas at the consulate and his Twitter narrative would that he’s going to stop issuing any kind of visas to protect American workforce. Technically this would make no difference as consulates are anyways closed. I don’t believe that there will any kind of ban on work visa holders traveling to US with valid visa

 

[harirajmohan]

Going by the previous order, my guess is that they would stop issuing non immigrant visas at the consulate and his Twitter narrative would that he’s going to stop issuing any kind of visas to protect American workforce.
1. Technically this would make no difference as consulates are anyways closed.
2. I don’t believe that there will any kind of ban on work visa holders traveling to US with valid visa

1. This is what i was telling to my friends last month that they already not issuing any visa and banning visas just for immigrant applicants makes no sense . Correct.
2. I am hoping that he would ban new visas rather than existing because it complicates more and companies will raise issues and moreover he is the guy who gives a lot to companies first rather than the indviduals.

So i think that in the worst case, it would be of few months of delay to get new H1 visa.
Also it wont make much difference for new H1 candidates if its delayed for few months as they anyway waiting for 1 year( and in some cases they wait for years) and many even file in normal processing and in many years it took 8-10 months to complete hence possibly 5-10% would be affected but not much. BUt will see what he does though, we cant say for sure because he is irratic in most decisions.

 

[harirajmohan]

DO you live in Canada and planning to move back to the US because of the potential EO? Just curious.

I was supposed to move this month which i planned 6 months ago and due to covid i delayed it and now its getting more complicated. I hope that the orders avoid existing employees. Are you also planned earlier to move to US?

 

[DEEPCUR]

1. This is what i was telling to my friends last month that they already not issuing any visa and banning visas just for immigrant applicants makes no sense . Correct.
2. I am hoping that he would ban new visas rather than existing because it complicates more and companies will raise issues and moreover he is the guy who gives a lot to companies first rather than the indviduals.

So i think that in the worst case, it would be of few months of delay to get new H1 visa.
Also it wont make much difference for new H1 candidates if its delayed for few months as they anyway waiting for 1 year( and in some cases they wait for years) and many even file in normal processing and in many years it took 8-10 months to complete hence possibly 5-10% would be affected but not much. BUt will see what he does though, we cant say for sure because he is irratic in most decisions.

True.. but new visas would imply that any to be issued visas, not just 'first time in quota' H1b holders. Like if someone's extension has been approved and if they happen to be out of country, then they won't be able to get the visa stamp. But like we discussed, it won't make any difference to the existing situation as consulates are anyways closed and such people who went out of country are anyways stuck since March.

 

[harirajmohan]

No, but you are moving because you fulfilled the residency obligation?

Mainly i am suffering from back pain for the last 1 year and was waiting to somehow complete the residency before moving out as its the main purpose of coming here hence dont want to move without even accumulating the days.
I cant work from home per office policy (except now) hence i have to go to office everyday. Even though my living expenses are less here but due to back pain i thought of moving after residency is completed but now things are moving target. Will see.

I think that some will move back if this is the case as its the only main income for many. This is also like how people were hesitating to move to Canada, now they will have another major confusion on how to retain the job/income with/without maintaining residency.

 

[DEEPCUR]

Mainly i am suffering from back pain for the last 1 year and was waiting to somehow complete the residency before moving out as its the main purpose of coming here hence dont want to move without even accumulating the days.
I cant work from home per office policy (except now) hence i have to go to office everyday. Even though my living expenses are less here but due to back pain i thought of moving after residency is completed but now things are moving target. Will see.

I think that some will move back if this is the case as its the only main income for many. This is also like how people were hesitating to move to Canada, now they will have another major confusion on how to retain the job/income with/without maintaining residency.

sorry to know that. but if people could work remotely and can travel once a while to US, living in Canada option to keep the PR should still work right? the proclamations are just for specific time only (30 days, 60 days etc or at best till elections.) and won't last forever.

if you are working IT, you could also count on Covid and don't worry about being in office until the second half of 2021. Every company is planning for reopening, but tech workforce is at the bottom of their lists. Since this is something related to health/life/death, your employer cannot just force you to be in office unless there is a vaccine or proven treatment. Like if you could do it for last 2 months, there is no reason you could continue doing this for next one year.

 

[harirajmohan]

sorry to know that. but if people could work remotely and can travel once a while to US, living in Canada option to keep the PR should still work right? the proclamations are just for specific time only (30 days, 60 days etc or at best till elections.) and won't last forever.

if you are working IT, you could also count on Covid and don't worry about being in office until the second half of 2021. Every company is planning for reopening, but tech workforce is at the bottom of their lists.

hmm.. True, it wont be for ever. And what we are currently doing anyway doesnt involve technically any visa but yes its just for short term. But it all depends on the company as some companies fear for every small thing hence create too much confusion and ask candidates to be onsite.

Correct, same here, my production line workers are first to be at the facility and the IT division is at the last to ask to come to office. I want 2020 to be working from home(but i doubt my company would wait even till Dec but seems little possibility as they already emailed saying it would take few more months to get back). Will see.

 

[DEEPCUR]

hmm.. True, it wont be for ever. And what we are currently doing anyway doesnt involve technically any visa but yes its just for short term. But it all depends on the company as some companies fear for every small thing hence create too much confusion and ask candidates to be onsite.

Correct, same here, my production line workers are first to be at the facility and the IT division is at the last to ask to come to office. I want 2020 to be working from home(but i doubt my company would wait even till Dec but seems little possibility as they already emailed saying it would take few more months to get back). Will see.

how many more days do you need to fulfill your RO?

 

[harirajmohan]

how many more days do you need to fulfill your RO?

Its completed luckily with pain(now no pain due to no driving ) and sent the application in Feb2020(another pain - no receipt due to covid )

I was not ready to move out without completing residency as its useless moving to US for the same mistake of waiting for decades. I cant do that as i already had enough of waiting in US for the impossible to happen.

 

[DEEPCUR]

Its completed luckily with pain(now no pain due to no driving ) and sent the application in Feb2020(another pain - no receipt due to covid )

I was not ready to move out without completing residency as its useless moving to US for the same mistake of waiting for decades. I cant do that as i already had enough of waiting.

try to shoot for the citizenship and then move out for good. that would be as best as it could get!

 

[SAM09072019]

Was there 30-90 days immigrant visa ban earlier? No. Why there is now? Its drump at the office who dont actually want any legal or illegal immigrants. And this is election year hence he would do anything to get back to office, just like how they printed money, fudged last unemployment report and continuously twisting Fed to make the market up to show people that everything is rosy. So anything with this guy is possible. Like the twitter fight(experts say its not even legal), he can do any innovative things.

THere is certainly rumour for sure but will see what will happen.

https://twitter.com/i/web/status/1270064149763108864

https://www.murthy.com/2020/05/28/are-there-any-updates-on-president-trump-issuing-an-executive-order-to-restrict-h1b-workers-will-it-impact-my-h1b-cap-case/

 

[SAM09072019]

There are thousands of articles , speculations, rumors etc. for the past 4 years. Until you get the actual text its just a speculation.
Do you live in Canada to be so worried and commute everyday?

I am not worried about barring H1B entry to the US. I was responding to the thread mentioning that the work visa ban is around the corner. I am going to be daily traveller once I enter to Canada in next couple of months

 

[DEEPCUR]

Greg Siskind has said, from what he knows that Canadians who don't need visas are likely also be barred because it's preventing people from entering in H1B status.

I haven't landed yet but my COPR expires soon and am gonna be royally screwed by this. (Need AVR as well)

What have you been waiting for? why did you not land so far? This has been rumored since April 21 proclamation where the immigrant visa issuance was stopped.