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Filed: AOS (pnd) Country: Canada
Timeline
Posted

Hi all ! I've been away waaay too long from the Canadian forum, and trying to catch up! Congrats to all the good news, and Godspeed to those still waiting.

We have a dilemma I'd like to post to the board for help....we filed my husband's (wow...that still sounds so wonderful!) AOS/AP/EAD 12/28 and are well aware of the wait ahead of us.....however, Doug (the CSC) works for a Canadian co driving truck...since he can't cross the border (we live 20 minutes from Windsor), his runs have pretty much disappeared!

My question: will AP allow him to travel back n forth daily for work even if he had it??? Is it worth trying for emergency AP or doing an InfoPass? I don't have a clue how immigration would feel about him living here in MI and working in Canada?

Adjustment of Status / EAD / AP

Day 000: 2007-12-28 Mailed Application

Day 006: 2008-01-03 "Received Date"

Day 011: 2008-01-08 Biometrics Appt. Letter Received

Day 028: 2008-01-25 Biometrics Appt.

Day 043: 2008-02-09 AOS Notice of Interview received

Day 054: 2008-02-20 AP & EAD Approval Email

Day 059: 2008-02-25 Received AP

Day 060: 2008-02-26 EAD card production ordered

Day 063: 2008-02-29 EAD card received

Day 123: 2008-05-01 AOS Interview in Detroit!

Day 123: 2008-05-01 Approval email notice...same day as Interview!

Day 125: 2008-05-03 Card Production Notice

Day 127: 2008-05-05 Welcome to the USA Letter!

K-1 Visa Approval

Day 000: 2007-02-05 Mailed Application

Day 016: 2007-02-21 NOA1 Date

Day 087: 2007-05-03 NOA2 Date

Day 119: 2007-06-05 Received Packet 3 (Instructions)

Day 123: 2007-06-09 Returned Packet 3

Day 287: 2007-11-08 K-1 Interview at Montreal

Day 293: 2007-11-14 K1 Visa in Hand

Day 296: 2007-11-17 POE

Day 299: 2007-11-20 Wedding on St. Pete Beach, FL

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Filed: Other Timeline
Posted

He can't work until he's got his EAD, even for a Canadian company, and daily commutes on an AP would kind of give away the fact that he's working.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: AOS (pnd) Country: Canada
Timeline
Posted
  Reba said:
He can't work until he's got his EAD, even for a Canadian company, and daily commutes on an AP would kind of give away the fact that he's working.

That doesn't make sense to me...the EAD is authorization to work in the U.S., not Canada. He's worked for his Canadian employer over 5 years, so I can't imagine him having to get a Canadian work permit....he's still a Canadian citizen :wacko:

Adjustment of Status / EAD / AP

Day 000: 2007-12-28 Mailed Application

Day 006: 2008-01-03 "Received Date"

Day 011: 2008-01-08 Biometrics Appt. Letter Received

Day 028: 2008-01-25 Biometrics Appt.

Day 043: 2008-02-09 AOS Notice of Interview received

Day 054: 2008-02-20 AP & EAD Approval Email

Day 059: 2008-02-25 Received AP

Day 060: 2008-02-26 EAD card production ordered

Day 063: 2008-02-29 EAD card received

Day 123: 2008-05-01 AOS Interview in Detroit!

Day 123: 2008-05-01 Approval email notice...same day as Interview!

Day 125: 2008-05-03 Card Production Notice

Day 127: 2008-05-05 Welcome to the USA Letter!

K-1 Visa Approval

Day 000: 2007-02-05 Mailed Application

Day 016: 2007-02-21 NOA1 Date

Day 087: 2007-05-03 NOA2 Date

Day 119: 2007-06-05 Received Packet 3 (Instructions)

Day 123: 2007-06-09 Returned Packet 3

Day 287: 2007-11-08 K-1 Interview at Montreal

Day 293: 2007-11-14 K1 Visa in Hand

Day 296: 2007-11-17 POE

Day 299: 2007-11-20 Wedding on St. Pete Beach, FL

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
  Doug n Amanda said:
  Reba said:
He can't work until he's got his EAD, even for a Canadian company, and daily commutes on an AP would kind of give away the fact that he's working.

That doesn't make sense to me...the EAD is authorization to work in the U.S., not Canada. He's worked for his Canadian employer over 5 years, so I can't imagine him having to get a Canadian work permit....he's still a Canadian citizen :wacko:

What she is saying is that while in the US he can't work period. So he can't do anything. When his EAD comes in he can start to work for whoever he wants in the world. As for the commute.... I am not sure if AP will grant him access back and forth to be honest.

EDIT I should be specific, AP for multiple entries, for work reasons. I am unsure how AP works.

Edited by bradcanuck

Current Status
July, 2011 - US Citizen

Filed: Country: Canada
Timeline
Posted

If I'm not mistaken, AP for multiple entries is just that - not for work purposes. However, I'm wondering, if it's suspected that he's using AP for work purposes methinks that might negate the whole AP thing. Maybe you should re-read what AP can be used for? Of course, this is just my opinion. We filed AP (multiple entry) just in case Joel had to go home for family reasons. :)

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

Either you contact his company and get their HR/lawyer type people on the situation to figure out if he can work for them, or consider having him work for a US-based company once he gets his EAD. I'm not sure AP will do him much good for work purposes. methinks you need to do some heavy-duty research on that one.

*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


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Filed: Timeline
Posted

AP is granted for bona fide business reasons as well as for emergent personal reasons. I worked for two Canadian companies while resident in the US without any difficulties or an EAD.... one involved telecommuting; one required travel to Canada. The problem I do forsee is with the daily travel using the AP. Since it involves secondary processing, the length of time returning to the US on a daily basis is prohibitive. Not once in my travels using AP was I processed in under 1.5 hours at either the Queenston/Lewiston or Peace Bridge land borders. At the airport it was about 1 hour. In addition, I suspect that the US CBP officers might not take too kindly to a daily commute, so it is not something I, personally, would push my luck with. Perhaps weekly, but definitely not daily.

iagree.gif
Filed: Country: Canada
Timeline
Posted (edited)

This has been discussed before and you and Doug knew this would happen (he couldn't work). If this was a problem, then there were other visa routes that were presented and you could have chosen to avoid this problem...

AP is not meant for daily commutes... whether he could work in Canada without an EAD is a gray area and you could hear pinions either ay on the subject and most likely both could be argued and defended, but what you suggest could be interpreted as skirting the intent of the status upon which he entered...

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Filed: AOS (pnd) Country: Canada
Timeline
Posted
  zyggy said:
This has been discussed before and you and Doug knew this would happen (he couldn't work). If this was a problem, then there were other visa routes that were presented and you could have chosen to avoid this problem...

AP is not meant for daily commutes... whether he could work in Canada without an EAD is a gray area and you could hear pinions either ay on the subject and most likely both could be argued and defended, but what you suggest could be interpreted as skirting the intent of the status upon which he entered...

Well, yes we DID go down this path before....when we were already well into and paying for K1. We have an email from the Dept. of Homeland Security that states he's authorized to work in the US on a K1, and the CBP confirmed it on his POE. What we don't know is when that changes...when we get married, or when he's granted the AOS. He isn't working now, and can't until we get this clarified.....

"skirting the intent of status upon which he entered", meaning what exactly? Intent for a K1 is marriage; I still don't see what the problem is in keeping his job in Canada and living here in the US?

Adjustment of Status / EAD / AP

Day 000: 2007-12-28 Mailed Application

Day 006: 2008-01-03 "Received Date"

Day 011: 2008-01-08 Biometrics Appt. Letter Received

Day 028: 2008-01-25 Biometrics Appt.

Day 043: 2008-02-09 AOS Notice of Interview received

Day 054: 2008-02-20 AP & EAD Approval Email

Day 059: 2008-02-25 Received AP

Day 060: 2008-02-26 EAD card production ordered

Day 063: 2008-02-29 EAD card received

Day 123: 2008-05-01 AOS Interview in Detroit!

Day 123: 2008-05-01 Approval email notice...same day as Interview!

Day 125: 2008-05-03 Card Production Notice

Day 127: 2008-05-05 Welcome to the USA Letter!

K-1 Visa Approval

Day 000: 2007-02-05 Mailed Application

Day 016: 2007-02-21 NOA1 Date

Day 087: 2007-05-03 NOA2 Date

Day 119: 2007-06-05 Received Packet 3 (Instructions)

Day 123: 2007-06-09 Returned Packet 3

Day 287: 2007-11-08 K-1 Interview at Montreal

Day 293: 2007-11-14 K1 Visa in Hand

Day 296: 2007-11-17 POE

Day 299: 2007-11-20 Wedding on St. Pete Beach, FL

Filed: Timeline
Posted
  Doug n Amanda said:
  zyggy said:
This has been discussed before and you and Doug knew this would happen (he couldn't work). If this was a problem, then there were other visa routes that were presented and you could have chosen to avoid this problem...

AP is not meant for daily commutes... whether he could work in Canada without an EAD is a gray area and you could hear pinions either ay on the subject and most likely both could be argued and defended, but what you suggest could be interpreted as skirting the intent of the status upon which he entered...

Well, yes we DID go down this path before....when we were already well into and paying for K1. We have an email from the Dept. of Homeland Security that states he's authorized to work in the US on a K1, and the CBP confirmed it on his POE. What we don't know is when that changes...when we get married, or when he's granted the AOS. He isn't working now, and can't until we get this clarified.....

"skirting the intent of status upon which he entered", meaning what exactly? Intent for a K1 is marriage; I still don't see what the problem is in keeping his job in Canada and living here in the US?

I'm always dismayed by judgemental responses to innocent questions or comments.

Amanda, there is nothing wrong with him keeping his job in Canada. Living close to the border you see it all the time. People on both sides do it for both school and work, as well as myriad other reasons. Very normal circumstance. Once Doug gets his GC he's good to go without a problem. The problem pre-GC will be exactly as you see above.

iagree.gif
Posted
Wishing you and Doug all the best :)

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First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

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Posted

The United States has no authority over whether you can work in Canada or not. Canada gives Canadian citizens the right to work in Canada and the U.S. can't stick their noses in where they don't belong.

However, they might have a problem with daily use of the AP. :(

I HATE miles, gallons, pints, words spelled without u's, and all that other jazz...

07/21/07 Entered United States on K1 visa

08/18 Married

10/20 Sent AOS package to Chicago; arrived on 10/22

11/21 Biometrics appointment

12/14 EAD card production ordered; AP approved

12/15 AOS transferred to CSC

12/22 AP arrives in mail

12/27 Received EAD in mail

02/15/08 Green Card production ordered

02/25 Received Welcome letter in mail

02/28 Green card arrived in mail. Done with USCIS for now

01/12/10 Sent I-751 to California Service Center; arrived on 1/14/2010

02/09 Biometrics appointment in Michigan City, Indiana

02/10 Case updated

02/23 Received NOA

03/08 Card production ordered

03/10 ROC approval letter arrives

03/15 Ten year Green card arrives

02/17/12 Mailed citizenship application

forget day Biometrics appointment in Michigan City, Indiana

05/14 Interview and test in Indianapolis, Indiana

05/23 Received oath letter

06/15 Oath ceremony...end of the line.

Filed: Citizen (apr) Country: Canada
Timeline
Posted
  JoeCanuk said:
The United States has no authority over whether you can work in Canada or not. Canada gives Canadian citizens the right to work in Canada and the U.S. can't stick their noses in where they don't belong.

However, they might have a problem with daily use of the AP. :(

Right yea exactly I think this is the core concern for everyone. The time of secondary processing, and the overuse of AP. I don't think they will like you guys much! Haha.

Current Status
July, 2011 - US Citizen

Posted

Hey guys, we filed a day after you two.

Anyway, why not maybe check in with the FAST office? That would probably be the best way to get an answer from the horses mouth. I think I remember you saying that Doug had a FAST and a NEXUS pass, and you have NEXUS.

Adjustment of Status / EAD / AP
Day 000: 2007-12-27 Mailed Application
Day 002: 2007-12-29 Received at Chicago Lockbox
Day 003: 2007-12-30 "Received Date"
Day 007: 2008-01-03 All 5 NOAs (K1 + K2 AOS, K1 EAD, K1 + K2 AP)
Day 008: 2008-01-04 K-2 AOS Touched
Day 011: 2008-01-07 $1610 Check cleared
Day 011: 2008-01-07 All 5 physical NOAs received
Day 012: 2008-01-08 K-1 files Touched, but not K-2
Day 014: 2008-01-10 K-2 AP Touched
Day 016: 2008-01-12 Biometrics Appt. Letter Received
Day 029: 2008-01-25 Biometrics Appt.
Day 043: 2008-02-08 K-2 Notice of interview received
Day 044: 2008-02-09 K-1 Notice of interview received
Day 056: 2008-02-21 APs approved and EAD card production ordered
Day 126: 2008-05-01 Interviews
-----------------------------------------------------------
K1/K2 Application
Day 000: 2007-03-16 Sent out I-129F Package
Day 012: 2007-03-28 NOA1
Day 082: 2007-06-06 NOA2
Day 103: 2007-06-27 NVC Received
Day 105: 2007-06-29 NVC Forwarded to Montreal
Day 117: 2007-07-11 Montreal Sends Packet 3
Day 125: 2007-07-19 Receive Packet 3
Day 129: 2007-07-23 Send Checklist and Forms Back
Day 131: 2007-07-25 Montreal Receives Packet 3
Day 137: 2007-07-31 Medical
Day 169: 2007-09-01 "Wedding" (aka the $10K party)
Day 192: 2007-09-24 Receive "Packet 4" (Interview letter)
Day 238: 2007-11-09 Interview in Montreal
Day 245: 2007-11-16 Visas Received
Day 248: 2007-11-19 Moved to USA
Day 249: 2007-11-20 Legal wedding


Posted

Well, yes we DID go down this path before....when we were already well into and paying for K1. We have an email from the Dept. of Homeland Security that states he's authorized to work in the US on a K1, and the CBP confirmed it on his POE. What we don't know is when that changes...when we get married, or when he's granted the AOS. He isn't working now, and can't until we get this clarified.....

Just curious. Did they confirm he could work at the POE and give you the 90 day EAD or did they just say you could work on the I-94? Essentially they're the same thing and have no real bearing on this thread. But I'm just wondering if the POE knows about the I-94 = US work authorization part. They didn't when I crossed in BC.

Travelling back and forth for work on an AP would be a hassle. Could he stay in Canada for a week and then come back on the weekends? Would seem easier in many respects.

 
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