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Canadian at interview stage in America due to COVID - AOS or EOS?

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Hi fellow VJ members,

 

I am hoping you can help me out as I am in difficult situation due to COVID (as I am sure many of us are too). My interview in Montreal was scheduled for April 20, 2020 and I came to visit my husband on March 14, 2020. The border closed shortly after that and the air ticket i had to return back to Toronto was cancelled.  I have been working remote for my Canadian employer since being here and have been unable to return to my apartment back home due to the fact that I live with a roommate and would be unable to 14 day quarantine with her in our tiny place so I have stayed here with my husband while still paying my rent back in Toronto.  My plan is stay here until the end of August as my visa expires September 13. However, my landlord has just sold our apartment building and it's looking like the new landlord wants his family to move in so I will be coming back to Canada with fundamentally no place to live. I also wont be able to get back into America once i leave since I would have maxed my 6 month limit.

 

So I'm looking for some advice from you about what my options are - Do I forget about waiting for Montreal to open up and apply for Adjustment of Status? Or do I try extend my current B2 visa through an Extension of Status? OR is there something else I can do?

 

If anyone has any wisdom to share, we would really appreciate it :)

 

Thanks and stay safe everyone

Edited by D+A_journey

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So have you settled down here? If yes, you need to contact NVC to let them know you are in the States now so they can forward your case back to the US. Expect lengthy waiting at this time.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Citizen (pnd) Country: Haiti
Timeline

1. You have been violating the terms of your tourist visa; you are not allowed to work. 

2. It is up to you if you want to submit the AOS and cancel the CR1. You wouldn't be able to work for approximately 6 months (when presumably your EAD would be approved) 

3. You can go back to Canada and wait for your interview ; you can quarantine in a hotel, air b&b or your bedroom

4. I wouldn't suggest trying to extend your B2 I don't see how you would qualify and the fact that you have violated the terms of your visa would void the whole thing.


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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4 minutes ago, NancyNguyen said:

So have you settled down here? If yes, you need to contact NVC to let them know you are in the States now so they can forward your case back to the US. Expect lengthy waiting at this time.

Thanks for your reply. I think calling the NVC is a good idea. My plan was always to go back, however not having a place to live back in Canada has changed things for me because i dont want a new lease when i already plan to move / I am already here and its looking the like border is not reopening any time soon. I know there are pros and cons to the AOS and I understand them. Thanks again :)

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20 minutes ago, Luckycuds said:

1. You have been violating the terms of your tourist visa; you are not allowed to work. 

2. It is up to you if you want to submit the AOS and cancel the CR1. You wouldn't be able to work for approximately 6 months (when presumably your EAD would be approved) 

3. You can go back to Canada and wait for your interview ; you can quarantine in a hotel, air b&b or your bedroom

4. I wouldn't suggest trying to extend your B2 I don't see how you would qualify and the fact that you have violated the terms of your visa would void the whole thing.

From what I've read on VJ and understand, if you are doing the same work you'd be doing in Canada for Canadians and a Canadian company, with the only difference being physical location, and not doing business with Americans, you are allowed to work. It seems to be a grey area and the immigration laws have not been updated to address this situation. Either way, I'll be sure to claim everything.

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33 minutes ago, D+A_journey said:

From what I've read on VJ and understand, if you are doing the same work you'd be doing in Canada for Canadians and a Canadian company, with the only difference being physical location, and not doing business with Americans, you are allowed to work. It seems to be a grey area and the immigration laws have not been updated to address this situation. Either way, I'll be sure to claim everything.

You cannot work while located inside the US without proper authorization, imo....whether it is a tourist visa or not.

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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33 minutes ago, D+A_journey said:

Form what I've read on VJ and understand, if you are doing the same work you'd be doing in Canada for Canadians and a Canadian company, with the only difference being physical location, and not doing business with Americans, you are allowed to work.

Source Reference link, please.

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: Citizen (pnd) Country: Haiti
Timeline
23 minutes ago, D+A_journey said:

From what I've read on VJ and understand, if you are doing the same work you'd be doing in Canada for Canadians and a Canadian company, with the only difference being physical location, and not doing business with Americans, you are allowed to work. It seems to be a grey area and the immigration laws have not been updated to address this situation. Either way, I'll be sure to claim everything.

No, unfortunately what you read on VJ was incorrect ; always look at official US GOV sources when it comes to immigration- it doesn't matter if you are working for a company outside of the USA, receiving money in foreign currency in a foreign bank account, etc. It is all considered work which is not permitted on a tourist visa- the purpose of a tourist visa is for tourism, visiting family, vacation etc not work. 

28 minutes ago, D+A_journey said:

 

 


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Filed: K-1 Visa Country: Canada
Timeline

That is so frustrating! I was really hoping to be able to work from home, especially since I'm assuming the wait for a work visa is now going to be incredibly long. Does anyone know if the same applies to collecting Canadian maternity leave while in the US?

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3 minutes ago, murrv said:

That is so frustrating! I was really hoping to be able to work from home, especially since I'm assuming the wait for a work visa is now going to be incredibly long. Does anyone know if the same applies to collecting Canadian maternity leave while in the US?

One of the disadvantages of adjustment of status.

 

***Please fill in your timeline*****


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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On 7/8/2020 at 12:30 PM, Luckycuds said:

No, unfortunately what you read on VJ was incorrect

I'm still waiting for a reference to where the poster got that information.


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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