Can USCIS can track the arrival and departure of H1B holders if they drive to & from Canada instead of flying?

[hydrizxcv]

Currently on an H1B awaiting a Canadian PR approval.

I was wondering if I work for 5 months outside Canada and return for 1 month to the US and repeat this process again and again to maintain my H1B status would there be any problems during Green Card processing, H1B extension, etc. I was told USCIS could potentially look at the time I've worked in the US by seeing the arrival and departure records.

So my question is can USCIS can track the arrival and departure of H1B holders if they drive to & from Canada instead of flying?

 

[novascotia27]

Currently on an H1B awaiting a Canadian PR approval.

I was wondering if I work for 5 months outside Canada and return for 1 month to the US and repeat this process again and again to maintain my H1B status would there be any problems during Green Card processing, H1B extension, etc. I was told USCIS could potentially look at the time I've worked in the US by seeing the arrival and departure records.

So my question is can USCIS can track the arrival and departure of H1B holders if they drive to & from Canada instead of flying?

USCIS track everyone leaving and entering the country by any mode of transportation. This is specially true with Canada as both countries have a strong agreement to share data of its residents to each other. You won’t get away with that.

 

[NavjotS123]

Currently on an H1B awaiting a Canadian PR approval.

I was wondering if I work for 5 months outside Canada and return for 1 month to the US and repeat this process again and again to maintain my H1B status would there be any problems during Green Card processing, H1B extension, etc. I was told USCIS could potentially look at the time I've worked in the US by seeing the arrival and departure records.

So my question is can USCIS can track the arrival and departure of H1B holders if they drive to & from Canada instead of flying?

YOu should work in US, not in Canada. Do daily transit.

 

[hydrizxcv]

YOu should work in US, not in Canada. Do daily transit.

Thanks. That's what I am planning to do. From Windsor to Toledo, Ohio.

 

[hydrizxcv]

USCIS track everyone leaving and entering the country by any mode of transportation. This is specially true with Canada as both countries have a strong agreement to share data of its residents to each other. You won’t get away with that.

It isn't exactly illegal, just could be potentially looked down upon by USCIS for not living in the US even though no rule says I should. But thanks for the advice.

 

[NavjotS123]

It isn't exactly illegal, just could be potentially looked down upon by USCIS for not living in the US even though no rule says I should. But thanks for the advice.

There s rule that says your work location needs to be within certain miles of your H1b filing location. Hence, you cant work from Canada.

 

[hydrizxcv]

There s rule that says your work location needs to be within certain miles of your H1b filing location. Hence, you cant work from Canada.

That's a rule that specifies the work location when you're working inside the US. It doesn't apply when you fly outside the country. Many worked outside the US during COVID in 2020.

 

[harirajmohan]

There s rule that says your work location needs to be within certain miles of your H1b filing location. Hence, you cant work from Canada.

Primary residence to be within commutable distance to the work location.
RFE from uscis happens very rarely but happens once in a while but not for most. thats why most employers give the residence address near to the work location.

Currently on an H1B awaiting a Canadian PR approval.

I was wondering if I work for 5 months outside Canada and return for 1 month to the US and repeat this process again and again to maintain my H1B status would there be any problems during Green Card processing, H1B extension, etc. I was told USCIS could potentially look at the time I've worked in the US by seeing the arrival and departure records.

So my question is can USCIS can track the arrival and departure of H1B holders if they drive to & from Canada instead of flying?

one doesnt need to be inside US for GC processing. So it doesnt matter if you are inside US or outside US.

For h1 extension planning, i dont know why you are asking questions in forum instead of planning on it based on your employer's suggestion. Ask your company's immigration team rather than asking on it as you cant go with the suggestion given here as you have to go with what your company says.