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

[CanucksRajiv]

how are you planning to provide detailed break down? it might be very hard for you tell them when you would need to go to NY isn't it? like your plans could keep changing based on your meetings in NY etc right. it is not just about giving the plan, but you need to stick to it while traveling as it will be tied in your petition.

in my opinion, you can avoid buffalo LCA altogether and travel to NYC as and when required.. like once or twice a month and work remotely from Fort Eerie rest of the time. that is what most people seem to do these days.

alternatively just give Buffalo alone as your location in LCA and just go to NYC whenever required for meetings.. you are allowed to go to different office not mentioned in LCA if it is just for short trips for meetings etc. keep the destination mentioned to CBP consistent to Buffalo all the time.

I agree detailed breakdown between buffalo and NYC will be very challenging.

Regarding avoiding Buffalo LCA altogether, this option i never thought of. Does travelling only once/twice a month on H1B raises any suspicion at the land crossing? Are people doing this? Does substantial presence test mandatory for H1Bs?

 

[canprofus]

I agree detailed breakdown between buffalo and NYC will be very challenging.

Regarding avoiding Buffalo LCA altogether, this option i never thought of. Does travelling only once/twice a month on H1B raises any suspicion at the land crossing? Are people doing this? Does substantial presence test mandatory for H1Bs?

no issues as far as I know.. I did it for a while, but @swan0206 has been doing it since last 10 months or so.. he travels from Montreal to NYC once a month for few days. No requirement to pass substantial presence test for H1s.many Detroit Windsor commuters file taxes as non residents.. all they care is if you are paid for the wages mentioned in your LCA while in US.

 

[CanucksRajiv]

no issues as far as I know.. I did it for a while, but @swan0206 has been doing it since last 10 months or so.. he travels from Montreal to NYC once a month for few days. No requirement to pass substantial presence test for H1s.many Detroit Windsor commuters file taxes as non residents.. all they care is if you are paid for the wages mentioned in your LCA while in US.

Thats awesome. Thanks for this information, tax filing as non resident should solve much problems. Does the US based companies allow such arrangements? Any issues from company perspective (no option of becoming independent contractor)?

 

[Aksd12ka4]

Has anyone used AVR for their daily commute?

 

[VOBuckeye]

Has anyone used AVR for their daily commute?

I have been using AVR for the last year. When I got my new I94 I took it to the border agent and they stamped my passport with the new valid date.

 

[Aksd12ka4]

I have been using AVR for the last year. When I got my new I94 I took it to the border agent and they stamped my passport with the new valid date.

Thanks for the response,

Also, Can I still use AVR to enter the US if I have a future visa appointment booked (2022)?

 

[VOBuckeye]

Thanks for the response,

Also, Can I still use AVR to enter the US if I have a future visa appointment booked (2022)?

Yes, I have a visa appointment later this month and I've been crossing using AVR with no issues. I booked the appointment 4 months ago.

 

[swan0206]

Yes, I have a visa appointment later this month and I've been crossing using AVR with no issues. I booked the appointment 4 months ago.

Which location is this? Our appointments for August has been cancelled a month ago.

 

[VOBuckeye]

Which location is this? Our appointments for August has been cancelled a month ago.

Calgary, Alberta. Where had you booked?

 

[swan0206]

Calgary, Alberta. Where had you booked?

Montreal.

 

[dublin_gsw]

I am using AVR for Daily commute, currently commuting 3 times a week.

 

[Akki9172]

Hello All

I am planning to use AVR for my soft landing for my Canadian PR. I have couple of questions:

1) Can AVR be used via air also? Lot of experiences I have seen from land but I am planning to use by Air. Will that be possible?
2) My PERM is in process. The receipt issued at the entry on AVR will have any impact on my PERM application?

 

[sowsiv]

Hello I would like to know if there are resources or tips you would suggest to find a job which allow daily commute from canada. We are currently in chicago and if everything works out would be willing to move to windsor. Many people here are doing this and it would be helpful if you can share some insights. Thank you

 

[DreamCanadian]

Reposting again...

I would appreciate if someone can answer it

I am currently working in US and i am allowed to work remote in US. I may have to visit office in New York City once/ twice a month to attend important meetings. So, now can i make following arrangements:

(1) Rent/ buy a place near buffalo - Niagara Falls US and work remotely from that location and commute to Fort Erie Ontario in the evening.
***Has anyone tried this arrangement? Is it possible? I can fly to new york city from buffalo once a while to meet my boss. can ask my employer to add buffalo - Niagara Falls US address in the LCA.***
(2) Does H1Bs are required to satisfy the substantial presence test?
***IRS does not count Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico for substantial presence test***

Thanks in advance!

Have you got the answer?

 

[nkapoor14]

Hello Everyone!

I'm currently living in Windsor as a PR of Canada since March of 2020 and I've been travelling to Michigan daily for work with a valid H1B stamp which expires Sept 30th, 2020.

I have received an I-797B approval notice for 1 year (I-140 is still pending a decision) and wanted some help w/ the below mentioned questions :

a. My I797B states POE as Detroit Michigan Tunnel. Will I need to stamp my passport at a US consulate in Canada before going to POE?
b. Appointments are tough to find for US visa stamping in Canada, will I be allowed to still travel to Michigan for work under AVR provided I get my I94 from the border officer? FYI : I won't be leaving North America.