AINP nominee, now B2, should I send copy of I797 for B2 to Buffalo?

[slim215]

Hi All,
My AINP nomination came after my H1B was exhausted, I then change my status to B2 (which approved). I'm about to send my application to Buffalo and wondering if I also need to send copy of my I-797 for B2. Anyone here has similar situation? Thx!

[slim215]

Anyone in this forum can share their experience? TIA.

[karl]

You do not need to send your visa info right now cos you are beyond the qualification point. Alberta already chose you to be there so your B2 status does not matter to them. However, I consider it wise to send them a copy to them just to keep all paperwork transperant. At a later date, they shud not be able to point fingers at you cos you dint give them your B2 status update. I am no lawyer and this is just my thought.
FYI I have updated them with my change in visa status.

Anyone in this forum can share their experience? TIA.

[slim215]

Thanks for responding karl.

[venky321]

I think you should check if you still apply at Buffalo because the B2 is a temporary visa.

Maybe you will need to apply in your home country to the Canadian Consulate there.

[Jasper]

CIC says "For Permanent Residence, You must apply in your country of residence, your country of nationality or the country where you have been legally admitted for at least one year."

Also I read somewhere in the forum that you should apply in the country where you are planning to stay for a year or more.

[venky321]

I dont think it is mandatory that you have to be in the country for a year, just that you are on a visa that has a duration of longer than a year.

There are those who applied , then had to leave the US and still got the PR.

But an application from someone on a B2 visa might not be accepted at Buffalo.

[slim215]

Thx for your input venky321, appreciate it, but, I do hope they can process application from B2 holder based on the following info: http://www.americanlaw.com/albertapnph-1b.html#

At the end of the link, it says:
"It should be mentioned that IRPR 11(1)(a) also permits applicants who have fallen out of status in the United States, after satisfying the one year requirement, to apply at the Canadian consulate in the United States."

Why would they accept application from applicant who is out of status and reject B2 holder? Nevertheless, I will check if they can process my application.

[karl]

slim,
In my opinion, CIC is only concerned with your LEGAL STATUS in the US. As long as your have one and have satisfied the h1b requirement, you should be fine.

Thx for your input venky321, appreciate it, but, I do hope they can process application from B2 holder based on the following info: http://www.americanlaw.com/albertapnph-1b.html#

At the end of the link, it says:
"It should be mentioned that IRPR 11(1)(a) also permits applicants who have fallen out of status in the United States, after satisfying the one year requirement, to apply at the Canadian consulate in the United States."

Why would they accept application from applicant who is out of status and reject B2 holder? Nevertheless, I will check if they can process my application.

[slim215]

much appreciated for you input karl

[image6000]

much appreciated for you input karl

Slim215, I would greatly appreciate if you could provide following information

1) When did they got your application
2) Last for digits of your file number?
3) NOC and
4) When did you get your nomination

Thanks