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

[kubernetes]

I'll be using AVR as mentioned. So I have an expired visa stamp on my passport, but an I-797A document with updated I-94.

Got it!! Also, why don't you travel back to US today as there is no mandatory requirement that you cant leave Canada before 14 days. Please see the following link and search for the keyword "Exception — leaving Canada"
https://orders-in-council.canada.ca/attachment.php?attach=39166

 

[harirajmohan]

Crossed the border to US this evening, after my last visit in mid March. Officer just checked the existing i94 date and just asked where I am going, not even he had patience to listen what I said. Seems that if one is already on visa/i94 then they hardly question. Possibly due to pandemic they are questioning very little. Will see if additional verification happens from tomorrow.

 

[praveen07cse]

Crossed the border to US this evening, after my last visit in mid March. Officer just checked the existing i94 date and just asked where I am going, not even he had patience to listen what I said. Seems that if one is already on visa/i94 then they hardly question. Possibly due to pandemic they are questioning very little. Will see if additional verification happens from tomorrow.

Do you have valid visa on passport or just I-797 copy and admitted through AVR ?

 

[harirajmohan]

Do you have valid visa on passport or just I-797 copy and admitted through AVR ?

I have valid visa but showed the expired visa page next to valid i94 that was issued in March but officer just checked the date in I94, nothing more. I have valid new visa I received after my last entry in March which is in some other page but he just utilized existing i94(usually they do even if there's break of more than a month). Also using nexus avoids more questioning most of the time I guess.

 

[harirajmohan]

Do you work night shift's? Wonder why you entered the US this time of the day

No, just want to log entry today as there's too much confusion. I will return after midnight, I don't know if it's necessary but lawyer is not able to.confirm hence traveled just for few hours. I planned to move but now everything collapsed, I can't get my family's h4 hence I want to make sure my status is clear at least to commute again. Seems that this EO might get extended till 2021 I think but h4 might be still in trouble due to intention of blocking ead. Will see.

Already from today permanent layoffs started in my office hence wanting to make sure my status is current to avoid any chance for issues in job

 

[hanna and alice]

During the boarder close, is there may h4 holder crossing CPB to US?

 

[suemon]

For the purpose of AVR, an expired visa is normally seen as a valid visa for the status you seek entry for. So if you have an expired F-1, but have an i797 with i94, they will consider that you have a valid h1b stamp that's valid until the day you apply for entry. This is also why some lawyers think AVR is not covered by the EO.

However, whether CBP are familiar with or will follow the rules is an entirely different question... We will not know until tomorrow, and even if some are let in tomorrow by one agent at one border, it doesn't mean another CBP officer at another port of entry will have different interpretations on another day. Data points are needed in this.

If you are in the US today I'd also recommend you check into a hotel so that you will be in the US on June 24, 12:01 am

Thank you! Yes, I am staying in the U.S. tonight just to be on the safe side. I hope we will all work out one way or another.

 

[DEEPCUR]

I have valid visa but showed the expired visa page next to valid i94 that was issued in March but officer just checked the date in I94, nothing more. I have valid new visa I received after my last entry in March which is in some other page but he just utilized existing i94(usually they do even if there's break of more than a month). Also using nexus avoids more questioning most of the time I guess.

by i94 you mean the i94 attached at the bottom of the i797?

Just to add someone called CBP Detroit few weeks back and they said they would let someone through AVR even if they have been out of US for more than 30 days as long as they have not traveled outside Canada.

 

[suemon]

Ah good to know.
Did you commute everyday (Mon -Fri)?

No. I commute once or twice every week, so still renting an apartment in the U.S. for the nights I stay in the U.S. The drive is too far for the daily commute.

 

[harirajmohan]

by i94 you mean the i94 attached at the bottom of the i797?

No, the one I.received after I received the i797(which was approved for consular notification). As I planned initially for stamping in Apr, I first wanted to get new i94 before my visa expire in mid March so ththat I could commute without any problem. Ya today too they never bothered on status expiry and reprocessed/activated the existing i94, thinking that it never expires unless we travel outside continent.

 

[suemon]

No, just want to log entry today as there's too much confusion. I will return after midnight, I don't know if it's necessary but lawyer is not able to.confirm hence traveled just for few hours. I planned to move but now everything collapsed, I can't get my family's h4 hence I want to make sure my status is clear at least to commute again. Seems that this EO might get extended till 2021 I think but h4 might be still in trouble due to intention of blocking ead. Will see.

Already from today permanent layoffs started in my office hence wanting to make sure my status is current to avoid any chance for issues in job

Best of luck, and I hope everything works out for you and your family!

 

[spider87]

No, the one I.received after I received the i797(which was approved for consular notification). As I planned initially for stamping in Apr, I first wanted to get new i94 before my visa expire in mid March so ththat I could commute without any problem. Ya today too they never bothered on status expiry and reprocessed/activated the existing i94, thinking that it never expires unless we travel outside continent.

Hi

Do you have a visa stamp for i797 that was approved for consular notification? Sorry it wasn't clear to me from your description above.

 

[harirajmohan]

Hi

Do you have a visa stamp for i797 that was approved for consular notification? Sorry it wasn't clear to me from your description above.

Feb2020: Received new I797 with consular notification. Went to cbp office and got the new paper I94 based on new I797 while having the visa valid till 14March2020(base on old I797 but for same employer ).
10March2020: Starting period of working from home.
17Mar2020: Sent the passport in hurry after seeing the consular alert on suspending visa. Luckily they stamped it on 20th for the new petition and sent me back.
23Jun2020: Reentered US just to keep the status current. While entering i showed the pages of old visa and I94 . cbp did not issue new I94 even though it was more than 30 days since my last entry but let me in with the last i94 that was issued in March(after verifying if its currently valid).

 

[theklaw22]

Hi everyone,

here is a confusing situation.

So my friend is a hematologist who just got a job in the states and has filed for his H1b. He is a canadian citizen.

Now the thing is he starts on Aug 1st. Will he be able to travel with this EO?

Now the thing to note which is tricky. Canadian citizens dont need a visa stamp. They just go to the border and give their I797 and I129 and they are issued a I-94.

If someone is in the same boat, what do you guys think?

 

[vhptanh@97]

Hey guys, I am on F-1 OPT atm. My visa has expired. I planned to travel to Canada to study in August. If I were denied entry at Canada port of entry, can I still go back to the US? I'm not working but only volunteering full-time at the moment. I can show my timesheet or I can ask for a letter stating that I've been volunteering at least 20hrs/week from the organization. Tks.