after a long break, now I come with a slightly different question to the forum. JoeF and Belle - do you still visit this site?

[devikaa]

Myself and my spouse had chosen the option to immigrate to Canada. Last month completed our landing procedure as PRs in Canada. EB3 India - has been long wait!

My spouse still has H1B. Me H4. We have let the I-485 pending with the intent that we would like to reside in the US, provided/when the US GC gets approved. It may be 15 more years from now when we may hear somthing (unless anything changes in future) on US GC approval.

If my spouse works at Detroit with H1B employer and commute daily from Windsor, having us relocated in Canada, is there any potential problem? Does my spouse need a rented apartment in Detroit side as well, to fulfill H1B requirement or pending AOS?

Moreover, should we have to withdraw the I-485 and apply later in case we move back to US in future?

If everything goes fine we would like to apply for NEXUS card. Do you see any contradiction / legal issues, whatsoever?

Thanks in advance.

[Belle]

If you continue with pending AOS, you need to have residence in the US. You don't mention who has the pending I-485, but whoever has, needs continue residing in the US (in letter if not in spirit) and file US taxes. Alternatively, you may withdraw the applications and file for CP. Or derivatives may withdraw their applications to file following to join after primary's approval (assuming primary can put work address on the application). You should talk it over with a lawyer.

[devikaa]

Thank you Belle for your response.

After reading your note, I am thinking as follows:

1. Relocate family in Windsor Canada.

2. Rent a studio in US on our name and stay as and when needed ( I mean work pressure, late evening work etc) and Work in Detroit US travelling almost daily from Canada.

3. Carry Canadina PR, passport with I94 and H1B/H4 always while crossing border.

4. Keep an approved AP/EAD in case I94 is ripped off or H1B is revoked by officers.

5. Keep I-485 pending as it is. If ever questioned by officer as to why Canadian permanent resident and had applied US green card earlier, we would state, we intend to reside in US as permanent resident once GC granted by USCIS.

Your opinion? If you are okay then I will contact a lawer from Murthy Law F.

Only thing I am worried is the officers in the border do not revoke H1B or I-485. Do you see any such unfortunate possibility?

Thank your for your invaluable time.

[Belle]

They can't revoke visas at the border. They may only deny entry. I would use AP for travel.