Filing in America and Then Moving to India (Possibly)

W

wbuddha

Registered Users (C)
Hi,

I am on a H1-work visa in the US. If I apply for Canadian permanent residence now, and if I have to move to India for some reason (H1 ends, job ends etc) before I get a PR what happens? Does my file get transferred to India (where the delay is more). Any suggestions on strategy are appreciated.

Thanks
WB :)
 
not automatically..

You will have to request to get it transferred to India and that means a lot of delays.
 
Bhand11683 is correct. Just to add, if your case does get transferred, it will most likely go to Damascus when I last checked. And yes, that is not a good situation since it will add significant delays to your case. Good Luck
 
A little More in the Question..

Bhand and Maple,

I do not want my case to be transferred when (and if) I move to India. I mean can I file it in US and will the case remain under Buffalo processing time schedule if I move to India for some reason? I know there is a residency requirement for at least a year in US to be eligible to file the Can. PR. but is there a requirement that I stay in US for next two years till I get my Can. PR card?

Thanks for your guidance...
WB
 
If your file remains in the US and you go to India and you do not inform CIC about it, all communication will be done to a US address which you may miss and if after a couple of years you are asked to come in for an interview etc in US , you *may* not be able to come to US and then your case would be suspended.

CIC buffalo will not communicate to an Indian address.
 
Mailing can be managed...but still

I can manage to have a mailing address of a close friend here in US even if I have to go to India. He will faithfully forward me documents. I can come back to US on a visitor visa if an interview is required, that should not be a problem, because I have a super-clean immigration record.

Question though remains: do I have to reside in USA while my Canadian PR is pending? or in other words is residency in US a requisite while Canadian PR is being processed.

Any good information is welcome. Thanks.
:)
 
No you dont have to.

I had the exact same situation.

I applied for canadian PR during the 6th year of my H1 visa.
then my H1 expired and I went to India.

I stayed in India for around 9 months , but did not tell
the canadian immigration about it. I only told my immigration
attorney about it.

Since all communication was between canadian immigration and my immigration attorney, there was no problem.

while I was in India, my attorney got the letter to do medicals.
I did my medicals near my hometown in India.

finally my attorney got the approval and PR card and all documents. He mailed it to me in India.

Then I landed in canada from India.


So dont worry about going to India.
 
Medicals in India when filed in Buffalo?

Interesting. That is really helpful since it your own experience. By the way, they allowed you take medical checkup in India when you had filed in USA is the most interesting aspect.
 
Details of your Experience...

Hi Waitingnwaiting,

Can you share some details of your experience?

1. How many letters did your immigration attorney get during the process?

2. How much do attorneys in US charge for Canadian immigration?

3. Did you have to make any special application to have your medical checkup done in India?

and any other information that would be useful to others in similar situation.
 
Hi Wbuddha

Please note that waitingnwaiting was lucky, that his interview was waived. If it's waived then you can land into Canada from anywhere.

In case they call you for an interview, then the biggest challenge for you will be to get the visa to visit US. Clean record, will help, to what extent, don't count on it 100% that it will get you the visa. If you get it, you are all set, if you don't, then you won't be able to give you the interview.

Also on the CIC websites it says files will no longer be transferred.

Goodluck
 
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