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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 09-09-2008, 02:47 PM
nozerd nozerd is offline
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Default Any IV members living in Windsor working in Detroit ?

Do we have any IV members with Canadian PR working in Detroit and living in Winsor, ON, Canada and doing shuffle daily. If someone has done this or is doing this here are some questions.

1) Once I 485 is filed is it better to use AP or H1 to do this ?

2) Can spouse work in Detroit on EAD if we do this ?

Thanks
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  #2  
Old 09-09-2008, 02:57 PM
miguy miguy is offline
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Yes I am in the same boat. But, after filing I-485 I strongly suggest you move to US as a lot of us did last year. Whether you use AP or H1 for travelling does not matter. The fact that you are a canadian PR living in canada and at the same time trying to Adjust Status for US PR is a contradicting fact that can get you in trouble. Yes your wife can work on EAD in detroit. She would have to use Advance Parole to commute across the border everyday which is again highly risky. If you guys get caught your I-140 can be revoked. These are verbatim instructions from my lawyer in detroit.
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  #3  
Old 09-09-2008, 03:11 PM
Canadianindian Canadianindian is offline
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Quote:
Originally Posted by nozerd View Post
Do we have any IV members with Canadian PR working in Detroit and living in Winsor, ON, Canada and doing shuffle daily. If someone has done this or is doing this here are some questions.

1) Once I 485 is filed is it better to use AP or H1 to do this ?

2) Can spouse work in Detroit on EAD if we do this ?

Thanks

I am live in Windsor and work in Detroit. I am a Canadian Citizen. I am a EB2 with 485 filed. I posed this question to my attorney and her response is below

Here is my attorney's response:

"It can be problemmatic (though it is not strictly prohibited) for a person to be simultaneously pursuing permanent residence in the US and Canada; however, there should be no similar issues with pursuing temporary residence in Canada and permanent residence in the US, as these are not incompatible."

I cross the tunnel everyday, and haven't had any issues. I don't think these two are related.

Please let me know if you think otherwise.
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  #4  
Old 09-09-2008, 03:15 PM
nozerd nozerd is offline
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Default

How do you cross ie on what document - H1 visa or AP ?
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  #5  
Old 09-09-2008, 03:53 PM
lord_labaku lord_labaku is offline
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Cant u get an EZPASS or something like that for commute? instead of showing AP or H1 everyday.

I had thought about this sometime back...but I wouldnt be able to find jobs in my field in detroit...have to do vancouver - seattle...which is not as convenient. However the fact that we could qualify for Canadian citizenship + Canada allows relative PR sponsorship even as PR (not citizen like the US) make this option useful.

Last edited by lord_labaku; 09-09-2008 at 03:56 PM.
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  #6  
Old 11-21-2008, 12:13 PM
levelup2 levelup2 is offline
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I am glad to read it here.
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  #7  
Old 11-21-2008, 03:38 PM
krishnam70 krishnam70 is offline
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Default Nexus is the word

Quote:
Originally Posted by lord_labaku View Post
Cant u get an EZPASS or something like that for commute? instead of showing AP or H1 everyday.

I had thought about this sometime back...but I wouldnt be able to find jobs in my field in detroit...have to do vancouver - seattle...which is not as convenient. However the fact that we could qualify for Canadian citizenship + Canada allows relative PR sponsorship even as PR (not citizen like the US) make this option useful.
They have something called as NEXUS, you need to prove some credentials etc and answer questionnaire etc before they give it

- do some more research on it, i did read about it a while ago but left it once i got the US GC.

good luck
kris
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