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

[Lenovo226 7]

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 July 8, 2020 by D+A_journey

[NancyNguyen 1,657]

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.

[Lucky2Lucky 2,526]

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.

[Lenovo226 7]

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

[Lenovo226 7]

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.

[Crazy Cat 39,229]

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 July 8, 2020 by Lucky Cat

[Crazy Cat 39,229]

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 July 8, 2020 by Lucky Cat

[Lucky2Lucky 2,526]

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:

 

 

[murrv 8]

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?

[Crazy Cat 39,229]

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*****

[Crazy Cat 39,229]

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.