Awaiting AOS w/promised work back in Canada?

[Doug n Amanda 0]

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?

[Reba 2]

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.

[Doug n Amanda 0]

  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

[bradcanuck 1]

  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

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 January 3, 2008 by bradcanuck

[KarenCee 3]

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.

[Cassie 8]

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.

[Krikit 1,165]

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.

[zyggy 9]

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 January 3, 2008 by zyggy

[Doug n Amanda 0]

  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?

[Krikit 1,165]

  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.

[~Laura and Nick~ 5]

Wishing you and Doug all the best

[JoeCanuk 3]

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.

[bradcanuck 1]

  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.

[Jeremy + Kristy 0]

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.

[Texanadian 10]

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.