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

[SaraK2020]

Hey all,
Not sure if this is the right place for my question. My husband and I are Canadians living in US on h1b and h4. Our daughter was born here in US. I'd like to visit canada to see my parents along with my daughter. My question is would I have any trouble getting back on h4 by land? Is there anything I should keep in mind?

 

[harirajmohan]

Hey all,
Not sure if this is the right place for my question. My husband and I are Canadians living in US on h1b and h4. Our daughter was born here in US. I'd like to visit canada to see my parents along with my daughter. My question is would I have any trouble getting back on h4 by land? Is there anything I should keep in mind?

The restrictions are for visa candidates. And even they are exempted if they were in US on 24th. So its not for Canadians.
https://www.ellisporter.com/immigration-news/2020/6/22/trump-issues-proclamation-suspending-the-entry-of-foreign-nationals-is-several-work-visa-categories
"It appears that Canadian citizens, who are generally visa-exempt, would not be barred from entering the US in H-1B, H-4, H-2B, J-1, J-2, L-1 or L-2 status under the stated terms of the Proclamation which seems to apply only to individuals seeking visas in the specified categories. "

People are travelling from US and returning back:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-soft-landing-from-us-after-eo.693114/page-3
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-landing-completed-at-peace-arch-border-no-quarantine-and-returned-to-us-using-avr.693107/page-9

 

[SaraK2020]

The restrictions are for visa candidates. And even they are exempted if they were in US on 24th. So its not for Canadians.
https://www.ellisporter.com/immigration-news/2020/6/22/trump-issues-proclamation-suspending-the-entry-of-foreign-nationals-is-several-work-visa-categories
"It appears that Canadian citizens, who are generally visa-exempt, would not be barred from entering the US in H-1B, H-4, H-2B, J-1, J-2, L-1 or L-2 status under the stated terms of the Proclamation which seems to apply only to individuals seeking visas in the specified categories. "

People are travelling from US and returning back:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-soft-landing-from-us-after-eo.693114/page-3
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-landing-completed-at-peace-arch-border-no-quarantine-and-returned-to-us-using-avr.693107/page-9

Thank you for the detailed response. I didn't think it would be an issue either but the lawyers at my husband's work discouraged us from traveling which made us a bit worried.

 

[CAVisaUser98765]

My AVR Experience:

I landed in Vancouver YVR airport on July 20th to activate my Canadian PR. After landing, I went to immigration and the officer checked my confirmation and passport. It took less than 10 minutes and the officer confirmed my PR. I then completed my 14 day self quarantine.

On August 6th, I planned to return back to the US. I was unable to check in online, after calling the airlines (I flew American Airlines both ways), they informed me that I need to go to the airport to check in.
I went 3 hours before my flight time to have a good cushion. At the airport, I was again unable to check in at the kiosk, so I waited for the agent. The agent took my passport and asked about my VISA, I told her that my first H1B VISA stamp has expired, however I have an active I94 and I gave her my I797 form.
She didn't ask me anything after that and entered the required information and asked for my US address, I gave her my US driver's license which she used to enter the address. She was then able to print my boarding pass and I was off to security check.

After the security check, at the US immigration, the officer asked me the following questions:

- Why are we going to the US? What's going on in the US?
My answer: I live and work in US (I stated my city and state)
- Can I see your passport?
I gave my passport and I797 and said, I was not able to get my latest H1B stamped as I never had to leave the country since 6 years. I only have my first H1B stamped.
- Why did you come to Canada?
My answer: I came to activate my Canadian PR.
- How long were you here?
My answer: I came on July 20th, did my self quarantine and am heading back now. Around 15 days.
- How long have you been in the US?
My answer: I came in 2010, so 10 years. After my masters joined this company in 2012 and have been with them ever since.

He then asked me to scan my fingerprints and took me inside saying, we just need to validate this. I sat for a few minutes and another office called me. He asked me the following questions:
- Why did you come to Canada?
My answer: I came to activate my Canadian PR.
- How long was your stay?
My answer: I came on July 20th, did my self quarantine for 14 days.
- What is the name of your company?
I gave them my company name.
- Did you apply for a new VISA while you were here?
My answer: No I could not as embassies are closed.

He then wrote and stamped on my passport, escorted me outside towards the gates. This whole process took around 10 minutes.

All in all it was smoother than I imagined and could ever hope for.

 

[SaraK2020]

Since I asked about entering Canada above I thought I'll update.

My husband and I are both Canadian citizens and our daughter as of now only holds American passport (she was born there) came via Lewiston Queenstoon border. My parents also Canadian were waiting at the duty free parking. Canadian agent just asked where we live and where we are going. My husband told them he was dropping me and our daughter off but he has to go back so he will just drop me and go right back. Agent asked if I know I have to Qurantine and my parents since they will be in contact with me. I acknowledge it and he let us through. He took my email, phone number and address of where I'll be staying and how long.

My husband went back right away and had no issues entering US since his H1B is valid. I was concerned they might give him a hard time and ask why he left and delay him entering not bc of H1B but bc technicaly the border is closed due to covid.

We are hoping to do the same thing on the way back. Hopefully it'll be just as smooth of a process.

Thanks for answering my original question.

 

[ProJack1991]

No it does affect people with valid visas. They can travel.
https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html
The Proclamation does not apply to those who were in the United States on the effective date of the Proclamation (June 24), and who had a valid visa in the classifications mentioned above (and plans to enter the United States on that visa) or who had another official travel document valid on the effective date of the Proclamation.

Hi Seniors,
Just to confirm if you had a valid visa stamp (old employer) at the time of the executive order and living in Canada; but it expired after that but you have a valid I-797 with the new employer, you are exempt from the order and can schedule your visa stamping?

Thanks in advance for the guidance!

 

[harirajmohan]

Hi Seniors,
Just to confirm if you had a valid visa stamp (old employer) at the time of the executive order and living in Canada; but it expired after that but you have a valid I-797 with the new employer, you are exempt from the order and can schedule your visa stamping?

Thanks in advance for the guidance!

I think that you are not exempt as per my understanding.
Are you in current status?
https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html
The Proclamation does not apply to those who were in the United States on the effective date of the Proclamation (June 24), and who had a valid visa in the classifications mentioned above (and plans to enter the United States on that visa) or who had another official travel document valid on the effective date of the Proclamation.

 

[dsr236]

My AVR Experience:

I landed in Vancouver YVR airport on July 20th to activate my Canadian PR. After landing, I went to immigration and the officer checked my confirmation and passport. It took less than 10 minutes and the officer confirmed my PR. I then completed my 14 day self quarantine.

On August 6th, I planned to return back to the US. I was unable to check in online, after calling the airlines (I flew American Airlines both ways), they informed me that I need to go to the airport to check in.
I went 3 hours before my flight time to have a good cushion. At the airport, I was again unable to check in at the kiosk, so I waited for the agent. The agent took my passport and asked about my VISA, I told her that my first H1B VISA stamp has expired, however I have an active I94 and I gave her my I797 form.
She didn't ask me anything after that and entered the required information and asked for my US address, I gave her my US driver's license which she used to enter the address. She was then able to print my boarding pass and I was off to security check.

After the security check, at the US immigration, the officer asked me the following questions:

- Why are we going to the US? What's going on in the US?
My answer: I live and work in US (I stated my city and state)
- Can I see your passport?
I gave my passport and I797 and said, I was not able to get my latest H1B stamped as I never had to leave the country since 6 years. I only have my first H1B stamped.
- Why did you come to Canada?
My answer: I came to activate my Canadian PR.
- How long were you here?
My answer: I came on July 20th, did my self quarantine and am heading back now. Around 15 days.
- How long have you been in the US?
My answer: I came in 2010, so 10 years. After my masters joined this company in 2012 and have been with them ever since.

He then asked me to scan my fingerprints and took me inside saying, we just need to validate this. I sat for a few minutes and another office called me. He asked me the following questions:
- Why did you come to Canada?
My answer: I came to activate my Canadian PR.
- How long was your stay?
My answer: I came on July 20th, did my self quarantine for 14 days.
- What is the name of your company?
I gave them my company name.
- Did you apply for a new VISA while you were here?
My answer: No I could not as embassies are closed.

He then wrote and stamped on my passport, escorted me outside towards the gates. This whole process took around 10 minutes.

All in all it was smoother than I imagined and could ever hope for.

Hi, congrats on the landing.

Given the recent emphasis on not traveling to Canada for the purpose of completing PR application, were you asked any questions about settling permanently? Did you have any proof or responses in mind in case they did ask?

 

[ProJack1991]

I think that you are not exempt as per my understanding.
Are you in current status?
https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html
The Proclamation does not apply to those who were in the United States on the effective date of the Proclamation (June 24), and who had a valid visa in the classifications mentioned above (and plans to enter the United States on that visa) or who had another official travel document valid on the effective date of the Proclamation.

Thanks for the feedback.Yes my stamping is expiring end of this month. I have visited USA this month and I am planning to re-enter every 30 days by using AVR to maintain my status.
Regards

 

[harirajmohan]

Thanks for the feedback.Yes my stamping is expiring end of this month. I have visited USA this month and I am planning to re-enter every 30 days by using AVR to maintain my status.
Regards

But do you I94 for the upcoming approval period as well? if not then request at border to issue a new I94.
if so then you can give it a try for stamping but i dont know if visa officer would follow the rule strictly or not. So its risky move if you go for stamping.
If you have extended I94 then you should just continue till this EO ends is the safest play, but till that time you need to maintain status.

 

[ProJack1991]

But do you I94 for the upcoming approval period as well? if not then request at border to issue a new I94.
if so then you can give it a try for stamping but i dont know if visa officer would follow the rule strictly or not. So its risky move if you go for stamping.
If you have extended I94 then you should just continue till this EO ends is the safest play, but till that time you need to maintain status.

Yes I have a new I-94 attached to my I797 valid till 2023. Yes I also thought that was the safest play so decided to cross the border once in a month just to maintain status for the future .

Really appreciate your suggestions along the way!
Regards

 

[jjk505]

My AVR Experience:

I landed in Vancouver YVR airport on July 20th to activate my Canadian PR. After landing, I went to immigration and the officer checked my confirmation and passport. It took less than 10 minutes and the officer confirmed my PR. I then completed my 14 day self quarantine.

On August 6th, I planned to return back to the US. I was unable to check in online, after calling the airlines (I flew American Airlines both ways), they informed me that I need to go to the airport to check in.
I went 3 hours before my flight time to have a good cushion. At the airport, I was again unable to check in at the kiosk, so I waited for the agent. The agent took my passport and asked about my VISA, I told her that my first H1B VISA stamp has expired, however I have an active I94 and I gave her my I797 form.
She didn't ask me anything after that and entered the required information and asked for my US address, I gave her my US driver's license which she used to enter the address. She was then able to print my boarding pass and I was off to security check.

After the security check, at the US immigration, the officer asked me the following questions:

- Why are we going to the US? What's going on in the US?
My answer: I live and work in US (I stated my city and state)
- Can I see your passport?
I gave my passport and I797 and said, I was not able to get my latest H1B stamped as I never had to leave the country since 6 years. I only have my first H1B stamped.
- Why did you come to Canada?
My answer: I came to activate my Canadian PR.
- How long were you here?
My answer: I came on July 20th, did my self quarantine and am heading back now. Around 15 days.
- How long have you been in the US?
My answer: I came in 2010, so 10 years. After my masters joined this company in 2012 and have been with them ever since.

He then asked me to scan my fingerprints and took me inside saying, we just need to validate this. I sat for a few minutes and another office called me. He asked me the following questions:
- Why did you come to Canada?
My answer: I came to activate my Canadian PR.
- How long was your stay?
My answer: I came on July 20th, did my self quarantine for 14 days.
- What is the name of your company?
I gave them my company name.
- Did you apply for a new VISA while you were here?
My answer: No I could not as embassies are closed.

He then wrote and stamped on my passport, escorted me outside towards the gates. This whole process took around 10 minutes.

All in all it was smoother than I imagined and could ever hope for.

Thanks for your detailed experience, I’m planning on landing at YVR on august 23rd with my wife I have 3 questions for you if you answer them.

Asides from the delay at checking in did you had any other issue or trouble leaving Canada or afterwards you left?

Did you make any prior arrangements or there´s a way to inform or schedule your landing appointment?

I’m thinking about certain errands like opening a bank account, getting BCID there’s any other relevant thing I should do after quarantine?

Many thanks again and any other useful tip you might like sharing are also welcomed

 

[harirajmohan]

Hi Seniors,
Just to confirm if you had a valid visa stamp (old employer) at the time of the executive order and living in Canada; but it expired after that but you have a valid I-797 with the new employer, you are exempt from the order and can schedule your visa stamping?

Thanks in advance for the guidance!

We have an update from state dept again. I dont know how many more time they would keep on updating this page instead of updating it with giving a full thought about it.
Earlier i said you are not exempted based on previous information. Now it looks like you are eligible and most of us in continuation of our current employment are eligible to receive visa which is very good news. Here is the detail:
http://immigrationgirl.com/h-1b-l-1-travel-ban-update-on-exemptions-for-those-seeking-to-continue-employment-with-the-same-employer/
https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html

Problems:
1. Additional criteria is placed on candidacy for getting qualified to receive visa. This step is something new. Per my understanding this is going to be problem for some at least. I dont know if this is going to be for short period or will continue from next year too.
2. Currently they are supporting only emergency request hence one needs to qualify for emergency request to get visa.

 

[CAVisaUser98765]

No, they did not ask me anything about settling in Canada or having a Job in Canada. As soon I entered the Canadian Immigration, they took my COPR and Passport and that's it. I sat for 5 minutes and the officer said, "Congratulations, you now have Canadian PR..."

However, in case they ask, I would suggest on giving your honest response, if you do want to settle down in Canada or not. I do not think any response will be counted against you.

 

[CAVisaUser98765]

Thanks for your detailed experience, I’m planning on landing at YVR on august 23rd with my wife I have 3 questions for you if you answer them.

Asides from the delay at checking in did you had any other issue or trouble leaving Canada or afterwards you left?

Did you make any prior arrangements or there´s a way to inform or schedule your landing appointment?

I’m thinking about certain errands like opening a bank account, getting BCID there’s any other relevant thing I should do after quarantine?

Many thanks again and any other useful tip you might like sharing are also welcomed

I didnt have any problem after clearing my US Immigration. I did not have any prior arrangements. Although, based on my experience, please do take an appointment before you go to ICBC. Theres usually a huge wait time. Apart from that you should enter your profile in BC Health services and apply for SIN.

If you have any question, you can call ICBC, they are pretty helpful.