Rumors about an executive order that bans the entry H1b holders around.

[VOBuckeye]

So if they write like that, you don’t need to worry about traveling once in 30 days to maintain AVR? Does it become like an extended visa for the purpose of commuting?

Yes, it becomes like an extended visa and I can go in and out.

 

[DEEPCUR]

What I'm also nervous about is that interpretations might change or you might be handled by a confused CBP agent. The one I called thinks I'm fine and that the order has nothing to do with me since I'm in the US.

For the purpose of AVR, expired visas are considered extended up to the date you apply for entry.

give it 2-3 weeks for the dust to settle and there won’t be any inconsistencies. AVR is very common practice at the land border, so they’ll definitely have clear specs on it.

 

[DEEPCUR]

So essential to other than US food supply chain (and US healthcare) is not considered essential? There are many critical services .
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My lawyer says "The Executive Order is fairly clear that individuals who hold a valid visa and have valid work-authorized status are not impacted by this." but i dont believe fully because he was the one who did not even request for extending my I94 last time during the H1 extension due to which i doubt his law skills. So please dont take his word for it.

your lawyer might be right on your i94 thing as you don’t live in US. General rule for any extension of stay is that a person needs to be in US at the time of filing the petition. You remember there was a member who got NOID from uscis for not being physically present in US at the time of filing the petition..

 

[DEEPCUR]

Yes, it becomes like an extended visa and I can go in and out.

Cool..How did you request for it?

Also, do you think that they would do it for everyone or did for you because you are a frequent commuter

 

[harirajmohan]

your lawyer might be right on your i94 thing as you don’t live in US. General rule for any extension of stay is that a person needs to be in US at the time of filing the petition. You remember there was a member who got NOID from uscis for not being physically present in US at the time of filing the petition..

If he is right and given the text at whashington.gov says that we should be on status tonight along with visa issued as of today. So i still think that one should be in status tonight. I asked on this clarification to my lawyer. Lets see.

Cool..How did you request for it?

Also, do you think that they would do it for everyone or did for you because you are a frequent commuter

I think that frequent commuter anyway maintains the status hence he/she actually becomes like any US resident technically. So the people on status but commuting wont be affected as per my understanding.

 

[harirajmohan]

Greg Siskind also believes it's an OR situation for it to not apply. The "and" at condition 2 binds all three conditions together as "AND" for the ban to hit. If it was an OR you need to be negative on all three the conditions, which means, you must be 1) in the US, 2) have a valid visa stamp AND 3) have advance parole. This can only happen if the person is in their last stages of i485 and somehow have their visa stamps intact. A very, very small subset of people. It takes ages to get an EAD now.

If it's not intended be interpreted by the plain language, condition 1 is as confusing as why they had to add "legal permanent residents are exempt from an h1b entry ban". Basically, why the fuck will people who are already in the US be prevented from entry? For Condition 1. Why the fuck would want a green card holder to be admitted as h1b? For the LPR clause.



This being said nothing prevents agency fuckery. Some lawyers were chatting on Twitter today saying they got an RFE for them to provide more evidence on A OR B, when they submitted they got denied because they satisfied A but not B. Other send in petitions that satisfied A not B and got RFE for A OR B.

ya its all confusing.

 

[VOBuckeye]

Cool..How did you request for it?

Also, do you think that they would do it for everyone or did for you because you are a frequent commuter

The lawyer was about to file my extension and noticed that my I94 expiry date did not match my new I797. He asked me to cross at the tunnel and tell them my I94 record was incorrect. I went inside and they gave me a new extended I94, and stamped a valid entry date next to my visa to extend it to match my I94

 

[canadapr1982]

Crossed the border this morning....its business as usual. CBP is pretty clear on this...you have a stamp ...you are ALLOWED..!!

It means on expired H1B visa but valid I-797....Can we use AVR after landing?

 

[harirajmohan]

It means on expired H1B visa but valid I-797....Can we use AVR after landing?

If you have exited the US and staying in Canada within the last 30 days then you can use AVR. If not you cant enter.

 

[DEEPCUR]

Please note its not what lawyers/attorney's "think", eventually its CBP who decides if one should be admitted.
My wife was on H4 and our lawyer said its perfectly fine to enter on H4 and work in the US on H4 EAD living in Canada. But was denied entry and they were pretty clear on rule.... H4 is a dependent visa and without primary not being in the US, she cant enter.
So irrespective of what lawyer says..... CBP is the decider.

can H4 holder commute together with H1 holder then?

 

[DEEPCUR]

Nope, my wife was asked to get a B1/B2 when she was sitting alongside in the vehicle. They made a note in the system and asked us to switch visa categories ASAP. So we had to get a B1/B2

cool.. so after how many days of commute did they stop your spouse from entering?

 

[DEEPCUR]

One CBP officer let us IN and the other officer flagged us.
I would say maybe 2 times or so.....

wow, that's quick.. do you think it could be because of the fact that they they figured out that you don't reside in US (not because of different CBP officer itself) and stopped the dependent entry?

 

[monika.akade]

pls if someone travels on AVR in next week or so. share your experience. i'm currently in US & i was regularly traveling on weekends (travel from Niagara falls to Cleveland Monday & back on Thursday) for last 8 months using AVR. not sure if i can do the same after the new executive order. Thanks in advance.

 

[canadapr1982]

If you have exited the US and staying in Canada within the last 30 days then you can use AVR. If not you cant enter.

The new law which is effective tomorrow will not effect AVR (expired H1B visa + valid I-797) after landing...is it correct??

 

[harirajmohan]

The new law which is effective tomorrow will not effect AVR (expired H1B visa + valid I-797) after landing...is it correct??

Its effective from midnight (Jun 24 12:01am). And yes it doesnt affect avr guys. Check with your company too.