Guys 've a question if some one can answer ths pls. I'm now 'm out of Status in US
. My petetion for transfer of H1 got declined so as change of staus to B1 too. Question are.
1- I've applied my canadian immigration n the month of Jan 2010 and send my full documemts to buffalo during June 2010 and stll wating for 2nd AOR no. Am i still able to continue this petetion from US?
2-Can i move to my home country and keep my case here and some of my relative can correspond and follow up on my behalf?
3-Can i transfer my case to home country and can this possible and also advseable??
Professional1 had already responded to your queries, and I would like to add a few points here that may be of help to you or others in future.
Background: I was in similar situation - i.e., My H1 extension was denied and had to leave the USA immediately. My FSW was in progress, I had received the file number from NS, and was preparing my documents for Buffalo when I got the H1 denial.
1. I am not sure if you could still stay in the US in your case. Either way, to answer your question, you could still continue the petition irrespective of where you are. The key thing here is, your file is referred to a specific Visa office by CIO-NS based on your current place of work/living. You can change your place of living/work for any reason but you cannot easily change the Visa office due to various reasons.
2. In my case, I moved to my home country. However, I decided to follow up on all the documentation with the visa office myself (it is Buffalo for me too) and I chose not to entrust this job to any relative. I took this decision based on the feedback I received from a few seniors here on this forum when I presented my position to them in spring 2010. They had suggested that I plead, beg, or do whatever, during my communications with the Visa Office (VO). I found this to be true, i.e., this strategy works, especially in screwed-up cases like ours. As our relatives in USA may not have the time or inclination to beg or plead or do whatever with the VO staff in the most respectful way, I decided to do this job myself. To offer further proof of this approach: The FBI clearance came in late, and was sent to my relative in the US after we left the country. I requested them to send it to Buffalo. They sent it without any cover letter, and Buffalo staff promptly forwarded it to my home country quoting something like 'you were asked to send all your documents in one set. however you have sent one document separately. we do not have the time to attend to such independent documents now. wait until you receive a visa office file number for your case and send it again'. However, when I sent a different document after 120 days with a very nice, pleading cover letter, they did not bounce it. Does it help you get the point?
3. See this link. www.cic.gc.ca/English/resources/manuals/bulletins/2010/ob180.asp#cont%20idcont
- and see the section called "file transfers". To answer your specific question, am reproducing a small part of that section.
"Visa offices are not required to transfer files for any other reasons. Such reasons include cases of applicants who comply with subsection R11(1) for the specified visa office, at the time the application is received at the CIO, but subsequently leave the territory of the specified visa office. In these cases, the original visa office should proceed with a final determination of eligibility and process the application if eligible."
I came to know after reading several posts in this forum that people may request a file transfer, just simply because their home country's visa office is quite fast these days - upto 3 times faster than Buffalo. Clearly, upon reading their policy, we can figure out that the CIC doesn't like its file transfer provision to be used as a loop hole.
So, after reading through this, I decided to not even bring up the file transfer issue. I just threw the ball in their court - if they think we deserve a file transfer, let them tell us so.
Hope my responses help you or others in future.