What will I do?need expert advise!!

S

sunny_1010us

Registered Users (C)
HI,

I'm on H1 visa here. 6 months back i have applied for canada PR.
My I-94 is expiring after 3 months.and till date i didnt hear anything from Buffallo. What will i do? Will i withdraw my application? Or just stay here beyond my I-94? I read at ww.cicnews.com(April news letter) that

"The Buffalo IRPC has taken the position that the applicant does not necessarily have to remain in status at the time that the application is submitted or afterwards, as long as they had originally been lawfully admitted to the USA for a period of at least 1 year."


It suggest that it is ok if my I-94 will expire( i.e out of status in USA) i'm eligible for Canada PR.

What will i do in this situation?
 
If you have a project and working on H1 you can extend your H1 and file H1 extension with BCIS once it is approved you will get newI-94 attached with approval notice. If you have consumed 6 years on H1 and your employer filed LC 385 days back then you can get 7th year H1 extension. I don’t know your correct situation
 
thanks for reply

Actually i dont have any project since last 7-8 months. and my employer is not going to file for my green card or H1 extension.Thats why i'd filed for Canada PR. So this is my situation.
 
Ask your employer that you will pay for H1 extension (if your 6yr limit is not over). Tell him to run payroll and you will pay taxes for that. Then you can apply for H1 extension 3 more years and stay here until you get the Canada PR. Otherwise there is no way you can stay here after your I-94 expires unless you show them that you are unable to move out of country immediately due to medical problems.


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I am not a Lawyer or Moderator. This is just my opinion.
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sunny

Hey Sunny,

From where u got this source ? Please reply...

"The Buffalo IRPC has taken the position that the applicant does not necessarily have to remain in status at the time that the application is submitted or afterwards, as long as they had originally been lawfully admitted to the USA for a period of at least 1 year"

Thanks,
Rama.
 
Here is the link u can follow

http://www.cicnews.com/back/2003apr.htm

where u find this :

1.1 Location of Submission

Q. I am presently residing in the USA, but a citizen of India with a US work permit. Am I required to apply to my home country after Regulation 11 is enacted?

After May 1st, applicants in the Skilled Worker and Family Class categories will be required to submit applications for permanent resident status to the visa office responsible for the jurisdiction in which they have been lawfully admitted. For those residing outside of their home country, this would include the home country in addition to the country of residence as long as they had been lawfully admitted for a period of at least one year.

An individual residing in the USA with an employment authorization would be allowed to submit the case to a visa office there. In your case, you can also use New Delhi if you prefer.

The Buffalo IRPC has taken the position that the applicant does not necessarily have to remain in status at the time that the application is submitted or afterwards, as long as they had originally been lawfully admitted to the USA for a period of at least 1 year.

Until May 1st, applicants continue to be allowed to submit an application to any visa office worldwide.
 
sunny_1010us:

thanks for reply
Actually I don’t have any project since last 7-8 months. And my employer is not going to file for my green card or H1 extension. Thats why i'd filed for Canada PR. So this is my situation.
-- ----If your current employer cant find a project for you should have tried to find a new Job by H1 transfer or with new H1, IF you cant find a job in US the alternative you choose of Canada is not good option, do you know Canada has no IT jobs? Canada has only labor jobs, you can read "Murcury6" Posts in the past and he could not find any job in IT Read also BAGCH! MOLI Posts), Many who landed as PR in Canada and were on H1 b in US they don’t find any job in IT field in Canada. Canada is not good option for IT job, you will get much better job in India, It is total wastage of fees, ROLF then landing then not finding any job and consuming your savings in Canada and getting frustrated. Think twice if you are looking for IT job in Canada. If you have other reasons to immigrate to Canada you know better.
 
Thanks Ginnu

Thanks for reply Ginnu.

Since last few days i've heard that IELTS is necessary for Canada PR. Is it true? Me and my wife both are Master degree holder and living in USA since last 2 years.Our education was also in English medium. Is TOEFL ok instead of IELTS.actualy i'm preparing for TOELF .
Plz reply
Thanks

Sunny
 
Why are you preparing for TOEFL? The requirement is IELTS, would it be better you start preparing for IELTS, it will assist in the immigration process.
 
Actually once i talked to one lawyer he told me that u can pass either TOEFL or IELTS. For IELTS exam i have to go to almost 700-800 miles from my city, while TOEFL can give in my city itself so i preferd to prepare for TOEFL .

I dont have any idea about IELTS. Can anyone guide me about IELTS exam and its preparation. Is it similar to TOEFL exam?
 
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