Need Advice

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Newyorker012

Registered Users (C)
Hi Folks

I (& my wife) live and work in New york currently. I had applied for canadian immigration back in October 2000 and I was quite sure of my decision. Now I have a problem and I need all the help you guys can provide.

The situation :

After applying for the canadian immigration, I did what it required me to do like medicals and re-medicals and everything and interview was cleared and finally today that is 04/26/03 my lawyer sent me this papers which are from Canadian consulate telling me to send the passports for visa stamps and with instructions on it how to send it.

But since then my company also applied for me for the US immigration and after all the aggravation going through labor approvals after 17 months I finallay got an approval on I-140 and also received my Employment Authorization for myself and my wife . our I-485 will take quite some time which I am not sure how much and can't say how much cause they said I-140 will take 10 months and i got it in 27 days, so I don't know what to assume.

Now , What do I do, i am sending our passports for stamping the Canadian visas anyways but I am sure they will not give me enough time till my US Green Card is in my pocket. and according to my lawyer I am not eligible to step out of the country before I get my I-485 approved,that means my US application will be void once I step out of here to get the canadian residency.

I am quite confused what to do. I am sure there must be people here who would have been in similar situation. Please help me reach a decision. What would you do if you were in my place.

Plus aint they suppose to send a IMM form or something, or they just ask for passport for visa stamping now.

Please advice, and all the help is appreciated, Thank You!!!
 
If you are in 485 stage, and received your EAD, you are eligible to apply for a Advance Parole document, which will enable you to leave and RE-ENTER the US.... I dont see where the problem is ?? Why does you attorney feel that you cannot leave the US, prior to the approval of 485 ?
 
Not eligible for AP

My H1 already expired and since I worked on the EAD without a valid H1.I was out of status for a brief period, So I am not eligible for AP till the approval of I-485.

Is there a way I can delay the canadian till I get the the I-485 approved. Anything is welcome

Please Advice, All suggestions are welcome.
 
My H1 already expired and since I worked on the EAD without a valid H1.I was out of status for a brief period, so I am not eligible for AP till the approval of I-485.
1 you filed your I-485 and got EAD
---- Once your I-485 was filed after that you were NOT out of status your status is AOS pending or I-485 pending.
---You can get AP no problem, who told you that you couldn’t get AP?
How can your lawyer tell you that you cannot go out of US if you have AP?
If your case was filed under 245(i) than it is different matter and you may have stayed illegally in US in the past, if it is straight I-485 case you are eligible for AP
You can send your Passport for Canada Visa stamp no problem.
Apply for AP, get AP then go to Canada, Land and come back

Is there a way I can delay the Canadian till I get the I-485 approved.
*** I-485 taking more than 18 months and I-485 has not moved in many service centers for 6-7 months and more delays are expected.
*** You send your PP for Canada Visa stamp then see what date your Visa is going to expire Land before Visa Expires it cannot be extended or Leave this Canada PR matter and ask the ROLF back
Apply for AP immediately and you will get it for you and your dependents who filed I-485 with you
 
Complication!!

Thank You [Ginnu/Santana rocks] for your replies


The time my visa expired and I was out of status for a brief period, I had no choice other then what my lawyer suggested and he applied taking advantage of the 245(i) law. Although everything went according to plan, I did not realize that something might go wrong like this at later stage.

After speaking to my lawyer today I realize that I was a part of the 245(i) law and hence no (AP). Now what do you suggest.

What are the risk involved in the US process and how do I compare between which place is better job wise and immigration wise.
How should I be sure that nothing else might go wrong here with the US process if I decide to drop canadian Imm.


Please Advice

Thanks
 
I don't know about the US H1 process so no comments there but about your canadian immigration, as far as i know (someone correct me if i'm wrong) but from the day canadian govn mails you your landing paper, you have one entire year to land in canada. assuming your landing paper come tomorrow, you can land into the country anytime from tomorrow till one year from tomorrow. and i am sure that is enough time for you to get your H1 papers and take a weekend off from the US.

secondly, after you land, as a Permanent Resident of Canada, you are now eligible to stay out of canada for 3 years consecutively, after which though if you don't come back to canada (for a certain amount of time), they take away you residency.

which means you are getting 4 years to pursue you GC in the US.
to verify this info, please go to the canadian immigration and citizenship site, call their hotline, and ask an immigration officer. all it takes is 15 min of your time.
 
After speaking to my lawyer today I realize that I was a part of the 245(i) law and hence no (AP). Now what do you suggest.
----- Your lawyer is not good; even if you filed under 245(i) then also you CAN get AP. Please request him/her to read the law. One is eligible for AP if I-485 pending under 245(i) But if the person was illegal for more than 180 days then the bar of 3 years comes in, to be ILLEGAL is if you stayed with expired I-94, regarding out of status, BCIS has many kind of OUT OF STATUS and can be corrected, if you stayed illegally in US and filed I-485 under 245(i)you CAN get AP but you should NOT travel out of US till you get your GC stamp in your passport, go to BCIS site and read the instuction for AP form I-131 and update your lawyer:
http://www.immigration.gov/graphics/formsfee/forms/index.htm
What are the risk involved in the US process
**** From your posting it seems that you have filed I-485 based on approved I-140, and if your I-485 is now pending more than 180 days from the filing date, you will have no problem in getting US GC, you can also change the employer after 180 days, but new employer should pay you the similar salary and your job duties should be same/similar. You can search goggle and search for AC21 law also read June AC21 MEMO, you can search the both and read, if you are confident that you do not expect any lay off in future your chances for GC are100% granted (if NO Crime in US or in past, no serious heath related issues) you can also work with any other employer with EAD in same occupation take the benefit of AC21, after filing I-485 your status is AOS pending, even if you do not have job for 3-4 months it will not matter but you should have job before the approval of your I-485, always keep your valid EAD and apply for EAD extension always 5-6 months advance( BCIS is taking long time these days) do not work with out valid EAD.
and how do I compare between which place is better job wise and immigration wise.
** NO IT jobs in Canada, many who landed in Canada to find IT jobs could not find any IT jobs in Canada, my friends waited for jobs 2 years in Canada, they have gone back to India and got good jobs in Bombay, Bangalore and Hydra bad, new Delhi, India is much better than Canada for IT jobs, Canada has only labor jobs in construction, factory and truck driver jobs (the license will take 1 year if one wants to drive truck) you have to pay more taxes in Canada, you can not save in Canada both you and your spouse may have to work for survival in Canada, your India/US IT experience will not be counted they ask for CANADIAN EXP, for every job they need Canada certifications/education, did they have different computers? They want master degree holders +many years exp for immigration to Canada in Skilled class (according to new law 72 points if I am not wrong) but they do not have any jobs, they should ask for laborers and immigration should be open to them who can work in hotel/motels as cook, labor jobs in factory, Canada immigration is Scam according to me. You have to start from Zero in Canada. In Canada you can sponsor your father, mother for immigration and they can be with you in maximum 12to 14 months when you sponsor them, but to sponsor them you have to live and work IN Canada, in US it is very difficult to sponsor your parents while you have GC, it can take 10-12 years but after you get citizenship it takes less time.
In Canada you can get citizenship after 3 years if you stay IN Canada
You will find many Indians in Canada and you will NOT miss India
How should I be sure that nothing else might go wrong here with the US process if I decide to drop Canadian Imm.
*** I have been to Canada and if I am in your position I-485 pending more than 180 days and I-140 NOT Revoked by GC sponsor I will stick to US and will ask for my ROLF back from Canada immigration. Every body has different reason for immigration you know your past, present and plans for future.

Your Landing date for Canada will be 1 year from the date you submited your medicals

** Other option for you: one can have I-485 pending and can still get H1B visa and can work on H1B visa, in your case you can apply for new H1B visa by premium processing you have to pay extra $1000 as fee (you will not get I-94 attached) once you get new H1B visa go to your home country and get H1b stamp in your PP showing the Approval notice and re-enter showing your H1B visa and you will get I-94 based on new H1 petition inform employer that you want to maintain h1 status so that HR/ accounts department be updated , if you have consumed 6 years you can still get 7th year H1B because your I-140 has been approved and I-485 pending.
 
Not much opportunities in Canada/US

well, if you'll ask me, in my opinion both Canada/US do not have much opportunities anymore...


in my views, IT industry is totally saturated... no more openings... in some cases companies require almost all of the new technologies in the market today in one resume... in short they are looking for robots/machines...


additional personal point of views, migration is no longer the trend... that's because of population growth and scarcity of jobs... a lot of migrating people in US/Canada either go back to their home country or do some odd jobs for a very very small salary enough only for a single person to survive... so migration nowadays is a very very tough decision to make... but since you want to take the chance because of avoiding poverty in your homeland then take the risk by all means or go back to your homeland and take good care of your home country...


either you choose Canada or US in my opinion is not a big deal, they are pretty much the same... the difference only is the risk factors involved and denomination CAN$ or US $... you will still face challlenges in life as an immigrant...
 
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Thank You for the insight

Thanks For you replies guys (Ginnu/Priya75/annies/Santana_Rocks)

All of you guys were very helpful and now I have a better perspective towards this issue. Although I have to find out more about my case from the lawyers regarding the AP situation.

I am more bent towards continuing here in the US like ginnu suggested and the situation almost the same in both countries (job wise), but it's a little better here then Canada.

You guys were great help. I would like to have friends like you all, and please do write to me at sajid4@yahoo.com to be in touch and i will reply back personally. I live in New york.


Thank You!!
 
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