I am not in "38 job list". How come my file is still in process.

[mpp2009]

Here's my case so far.....

Application rec'd  @  Buffalo on Apr 18, 2008. 5 years experience  under category 1221 & 1231.
File trfd to Detroit in Feb 2009. Did medicals & paid RPRF in Apr 2009. 
Called for interview (to be held in Nov 2009). According to CAIPS my total score is 72 with 21 points for work-exp.

I won't be able to go to Detroit for interview as US visa has been rejected. So I am asking to transfer my file to N.Delhi. N.Delhi said my initial application date will remain the same.

My question is, When N.Delhi processes my case again, will they reject it b'coz its not under "38 job list". How come Detroit was still processing it?

[mpp2009]

I think I know why....... Because I was legally in Canada for more than 1 year as student & then as temp foreign worker.

But still, how will N.Delhi treat my case? I was in Canada on application date (Apr 2008). Will it be helpful if I remain in Canada while N.Delhi processes my file.