2 Canada job offers;Applied on 24/Feb/10;Indian Citizen in US for 6 yrs

[shetty2k]

Hi,

I have been living in the US since 6 yrs on an H1B visa. I applied for Federal Skilled Worker Immigration at the Nova Scotia office on 24/Feb/2010, under "Computer & Information Systems Manager" category. FYI, the category is no more in the Occupations under pressure list. The processing continued in Buffalo and then was transferred to Los Angeles, due to overload of applications in Buffalo. My IELTS Score is 8.0 (L:8.5; R:7.0; W:7.5; S:8.5). Based on the points system, my total comes to 67-68, which just qualifies me for the application.

Now, I have 2 job offer letters from companies in Calgary,AB and Toronto,ON. My questions are:
- Is there anything I can do to expedite my processing because of the job offers? (FYI, I don't have an AEO)
- If I move to Canada on work permit and start working there, will it boost my chances and speed of PR?
- Or should I just wait in US for my Canadian PR to get approved?
- Since my job category is no more in the list of wanted jobs, is there a chance that I can get rejected?

FYI, I am approaching 23 months now, which is the estimated processing time for the Buffalo office. Any comments would be helpful.

[mitali]

Hi,

I have been living in the US since 6 yrs on an H1B visa. I applied for Federal Skilled Worker Immigration at the Nova Scotia office on 24/Feb/2010, under "Computer & Information Systems Manager" category. FYI, the category is no more in the Occupations under pressure list. The processing continued in Buffalo and then was transferred to Los Angeles, due to overload of applications in Buffalo. My IELTS Score is 8.0 (L:8.5; R:7.0; W:7.5; S:8.5). Based on the points system, my total comes to 67-68, which just qualifies me for the application.

Now, I have 2 job offer letters from companies in Calgary,AB and Toronto,ON. My questions are:
- Is there anything I can do to expedite my processing because of the job offers? (FYI, I don't have an AEO)
- If I move to Canada on work permit and start working there, will it boost my chances and speed of PR?
- Or should I just wait in US for my Canadian PR to get approved?
- Since my job category is no more in the list of wanted jobs, is there a chance that I can get rejected?

FYI, I am approaching 23 months now, which is the estimated processing time for the Buffalo office. Any comments would be helpful.

Hi Shetty,

Are you kidding me.... You have two job offers....go grab it first before they are gone.

1. Your PR processing will not hasten because of the the job offers (if you accepted them)....they will still roll on at their own pace along with other applicants.
2. Are you "IN PROCESS"...after being transferred? Irrespective of the current status of your application....you should begin your job in Canada on WP.
3.Just because your job category is not in the demand list you cannot be rejected. Only if appropriate doc, supporting docs are not available to the VO....only then you can expect a verification/clarification /rejection.

These are my suggestions:

1. Try to hold on to the jobs in Canada for as long as you can.....that is requesting the employers to keep the job for you.

The reason : When you apply for a WP you will have to convince your VO that your stay in Canada is temporary and you will return to homecountry (or elsewhere) after the duration of the period as mentioned on the WP.....now this is going to be tough since you already have a PR application on progress which clearly indicates that you have full intentions of residing in Canada permanently. You may give reasons as family, property or getting a job in homecountry in your WP application. There are chances that the WP may not be granted......just stating the facts here so that you can make an educated and well informed decision.

On the other hand. if you dont apply for WP you will never know. The VO may grant you WP weighing on the fact that your PR application is nearing completion.

Mitali

[shetty2k]

Hi Mitali,

Thanks for the reply. I actually had 4 offers, but I am not interested in the other two. These are all open-ended offers and I can join them anytime, even after getting my PR. Job search in Canada is not a problem for me, but the PR definitely is. I need some form of security on my legal status before I decided to drop the entire life I built in US and move to Canada.

Your answers have actually confused me more. So, I understand that getting a PR and moving there is NOT going to expedite the processing. It will be same as not working in Canada. I actually have a very good job in NYC, so I am not desperate to move. Does that mean I should just hold on here in NYC and wait, instead of moving to Canada and putting my legal status in US & Canada at risk?

The risks:
US H1B Visa: Nowadays, USCIS is sending back candidates from the US Consulates or Port of Entry. Also, if I leave the country, my visa will be revoked by my US employer. I can make them hold off upto 4 months max.
Canada WP: The way the WP works, if I get laid off due to some reason, I will need to leave the country immediately. I don't think they provide you with a buffer time period to find another WP, which is a lengthy process by itself.

BTW, are you in Canada?

[mitali]

Hi Mitali,

Thanks for the reply. I actually had 4 offers, but I am not interested in the other two. These are all open-ended offers and I can join them anytime, even after getting my PR. Job search in Canada is not a problem for me, but the PR definitely is. I need some form of security on my legal status before I decided to drop the entire life I built in US and move to Canada.

Your answers have actually confused me more. So, I understand that getting a PR and moving there is NOT going to expedite the processingShetty, your sentence does not make sense.....If you already get PR then what processing you are talking about?

Did you mean - Will getting a job in Canada expedite your PR processing? And the answer to that is NO.

It will be same as not working in CanadaThe bonus would be in the form of gaining Canadian experience. I actually have a very good job in NYC, so I am not desperate to move.

Does that mean I should just hold on here in NYC and wait, instead of moving to Canada and putting my legal status in US & Canada at risk? Well, I think that would be a good idea...since you dont have to worry about getting a job in Canada (as you said it will not be a problem and the current jobs offers will wait for you).....you can hold off the move for now.

The risks:
US H1B Visa: Nowadays, USCIS is sending back candidates from the US Consulates or Port of Entry. Also, if I leave the country, my visa will be revoked by my US employer. I can make them hold off upto 4 months max.
Canada WP: The way the WP works, if I get laid off due to some reason, I will need to leave the country immediately.No, you don't have to leave Canada immediately. When you are issued a WP there will be an expiry date on it and if you are laid off before that date you can extend your stay in Canada (before the expiry date on the W permit) as a Visitor or student. You will be allowed to live in Canada on IMPLIED STATUS (Legal status) till the outcome of your Extension of Stay application.
Currently these applications are taking approx 5months/ 2.5months (paper application/online) I don't think they provide you with a buffer time period to find another WPBefore you actually apply for WP, you will have to find an employer who would be willing to apply for a Labor market Opinion for you through HRSDC ( This is a lengthy process indeed)

Also you would be eligible to claim benefits of employment Insurance if you have enough hours.
 , which is a lengthy process by itself.

BTW, are you in Canada? Yes

Mitali