Daily Commuter: Vancouver / Washington State

[swan0206]

Hi there, I am trying to do the same. My company is far from the USA border too. So getting my h1-b ammended for remote work from Washington. Let me know if you find something good both sides and would like to connect outside of this forum.

How does this work?? how can you give a home address as adjacent state closer to you? When you are travelling to US they expect you to travel to client location for address but not a residential address even if its amended? They might question you if you are only travelling few days and can work remote for rest of the days from Canada? what are your preparations to answer these type of questions?? Have anyone tried this arrangement or you know someone who has done this?

 

[swan0206]

How does this work?? how can you give a home address as adjacent state closer to you? When you are travelling to US they expect you to travel to client location for address but not a residential address even if its amended? They might question you if you are only travelling few days and can work remote for rest of the days from Canada? what are your preparations to answer these type of questions?? Have anyone tried this arrangement or you know someone who has done this?

@harirajmohan any ideas on this?? Can this be done?

 

[harirajmohan]

How does this work?? how can you give a home address as adjacent state closer to you? When you are travelling to US they expect you to travel to client location for address but not a residential address even if its amended? They might question you if you are only travelling few days and can work remote for rest of the days from Canada? what are your preparations to answer these type of questions?? Have anyone tried this arrangement or you know someone who has done this?

Its very tricky. As you said, even with approval from uscis, it wont make sense for many officers as they expect a commercial work place for any foreigner at the client/company. One or the other officer, one or the other time frequently would question which is headache for frequent commuters.
I never had this problem hence not sure how this can be dealt with legally as well as with less pain.

 

[swan0206]

Its very tricky. As you said, even with approval from uscis, it wont make sense for many officers as they expect a commercial work place for any foreigner at the client/company. One or the other officer, one or the other time frequently would question which is headache for frequent commuters.
I never had this problem hence not sure how this can be dealt with legally as well as with less pain.

Thanks Hari. Yes, that was my concern, if people are travelling 3times a week then its really a pain. What about monthly or once in 3months travel once the Visa is stamped? I had plans of doing this. I wouldnt be travelling frquently as my work is remote but i would like to show my presence atleast once in 3months once i get the stamping.

 

[harirajmohan]

Thanks Hari. Yes, that was my concern, if people are travelling 3times a week then its really a pain. What about monthly or once in 3months travel once the Visa is stamped? I had plans of doing this. I wouldnt be travelling frquently as my work is remote but i would like to show my presence atleast once in 3months once i get the stamping.

I dont know. No idea when which officer will be there and how he/she assess this kind of work schedule/trip.
CBP has same authority as uscis/consulate wherein these 3 agencies can deny/approve from their own perspective.

 

[swan0206]

I dont know. No idea when which officer will be there and how he/she assess this kind of work schedule/trip.
CBP has same authority as uscis/consulate wherein these 3 agencies can deny/approve from their own perspective.

Ok got it. So whats the best thing to do in this scenario once i get Visa stamped? Either keep travelling monthly so that there are no issues when travelling after 3months or not at all travel? As my job is remote, and does not need travel, i can be in Canada without travel also. Basically want to avoid travelling monthly and at the same time i want to keep my presence there. No specific reasons but just got used to AVR.

I thought this can be easy after the travel restrictions have been lifted but again now seems like they are going to put back the restrictions again so we cannot travel for shopping or visit family. Hence these questions.

 

[harirajmohan]

Ok got it. So whats the best thing to do in this scenario once i get Visa stamped? Either keep travelling monthly so that there are no issues when travelling after 3months or not at all travel? As my job is remote, and does not need travel, i can be in Canada without travel also. Basically want to avoid travelling monthly and at the same time i want to keep my presence there. No specific reasons but just got used to AVR.

I thought this can be easy after the travel restrictions have been lifted but again now seems like they are going to put back the restrictions again so we cannot travel for shopping or visit family. Hence these questions.

I think that you are still accumulating residency for applying citizenship. I would try avoiding these immigration issues till you get your eligible days and apply for citizenship. Till that time, have the travel minimal if you dont have border city work location (or you can take painful long travel monthly till the actual/client location just to keep status(if it feels comfortable rather than not being in status for long in remote in Canada).
Once applied for citizenship, even if some officers trouble more, you can decide on moving to US to avoid the issue. So till that time i would say at the border that you are going to actual office/client location to avoid any hassle and try to go that destination(not sure how far it is)

 

[swan0206]

Till that time, have the travel minimal if you dont have border city work location (or you can take painful long travel monthly till the actual/client location just to keep status(if it feels comfortable rather than not being in status for long in remote in Canada).

Got it. When you say minimal, what can that be? Yes, i do not have a border work location now, about to file an amendment and in a dilemma whether to keep a border location or not as that is little tricky like we discussed before.
I was just thinking to keep my status what if there is a change of my client in these remaining 2years. I will be with same employer though, what if i change my client, so i need to get back into States to file an amendment again( if that need comes after 1 and half year) and there will be deep scrutiny again, so was only thinking of these scenarios.

 

[harirajmohan]

Got it. When you say minimal, what can that be? Yes, i do not have a border work location now, about to file an amendment and in a dilemma whether to keep a border location or not as that is little tricky like we discussed before.
I was just thinking to keep my status what if there is a change of my client in these remaining 2years. I will be with same employer though, what if i change my client, so i need to get back into States to file an amendment again( if that need comes after 1 and half year) and there will be deep scrutiny again, so was only thinking of these scenarios.

Minimal like once a month.
Changing client for example in a year, during which you can always give the future date on the start date instead of asking for immediate/current date so that even if uscis visits the client to verify then they can know that you are yet to join hence uscis wont expect you to be in that client location. This will be safe way.
Also for commuters, to avoid much hassle, we should opt for premium processing so that we wont worry more than 15 days if it gets approved or not.

 

[swan0206]

Minimal like once a month.
Changing client for example in a year, during which you can always give the future date on the start date instead of asking for immediate/current date so that even if uscis visits the client to verify then they can know that you are yet to join hence uscis wont expect you to be in that client location. This will be safe way.
Also for commuters, to avoid much hassle, we should opt for premium processing so that we wont worry more than 15 days if it gets approved or not.

Yes, perfect. this is now somewhat relaxing. Going for premium only.

 

[Sinha.616]

Hi, were you able to file the amendment?? When you are say that permanent work location address in washington, did you give your friends address or you have your own place there?

Not yet. my company is still preparing the application. Will get filed once I give them the permanent address of remote location.

 

[swan0206]

Not yet. my company is still preparing the application. Will get filed once I give them the permanent address of remote location.

Ok, so what did you decide to do??

 

[Sinha.616]

I think that you are still accumulating residency for applying citizenship. I would try avoiding these immigration issues till you get your eligible days and apply for citizenship. Till that time, have the travel minimal if you dont have border city work location (or you can take painful long travel monthly till the actual/client location just to keep status(if it feels comfortable rather than not being in status for long in remote in Canada).
Once applied for citizenship, even if some officers trouble more, you can decide on moving to US to avoid the issue. So till that time i would say at the border that you are going to actual office/client location to avoid any hassle and try to go that destination(not sure how far it is)

@harirajmohan - Thank you very much for your help, really appreciate it. Do you see any issues with the H1-b extension in case of staying in Canada and traveling once every month to my company location (California)? Does USCIS check your travel history when reviewing the H1-b extension application?

 

[harirajmohan]

@harirajmohan - Thank you very much for your help, really appreciate it. Do you see any issues with the H1-b extension in case of staying in Canada and traveling once every month to my company location (California)? Does USCIS check your travel history when reviewing the H1-b extension application?

Some officers at uscis might check. Its possible that they might approve the petition without i94 which is the only drawback but if you have stamped visa then its fine as you can gain new I94 with current visa for the extended I797. No other issues.
If one doesnt have visa and is maintaining status on I94 then they should stay inside US and get the extension approved before heading to canada.

 

[Sinha.616]

Some officers at uscis might check. Its possible that they might approve the petition without i94 which is the only drawback but if you have stamped visa then its fine as you can gain new I94 with current visa for the extended I797. No other issues.
If one doesnt have visa and is maintaining status on I94 then they should stay inside US and get the extension approved before heading to canada.

@harirajmohan - Thank you again.