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[nab054371]

Hi-
Here's my situation right now:

I applied for canadian PR in(buffalo,NY) Dec 2006,got request for medical today.Now I will be done with my medical ,however I will have to move back to India towards end of this month,cause I am running out of my US visa.With that in mind,I think I am gonna have to transfer my case back to India.
Just wanted to check and see, if my application would be picked up by canadian consulate in India from where the US canadian consulate left? Also if yes,how long does it take after medicals to get through the rest of the process in India?

thanks

[odin]

wow, thats tought, why dont you contact the immigration office directly and ask??? they should have the right answer

[PMM]

Hi

Hi-
Here's my situation right now:

I applied for canadian PR in(buffalo,NY) Dec 2006,got request for medical today.Now I will be done with my medical ,however I will have to move back to India towards end of this month,cause I am running out of my US visa.With that in mind,I think I am gonna have to transfer my case back to India.
Just wanted to check and see, if my application would be picked up by canadian consulate in India from where the US canadian consulate left? Also if yes,how long does it take after medicals to get through the rest of the process in India?

thanks

If the transfer is approved (big if) the application should be slotted into the Delhi stream with applications of a similar date.  Note the processing at Buffalo for applications already processed is 17-28 months, and Delhi is 67-72 months.  I personally would keep the application in Buffalo, give them new residential address in India, but keep a mailing address in US.  If you get a call for interview or passport request, you will either have to have a US visitor visa, (interview) or have someone trustworthy, with your authorization carry your passport to Buffalo for PR stamping and return it to India.  Note you cannot mail or courier passport in or out of India.  if you have just done your medical, you should get a PP request in about 2/3 months if no interview is required.


PMM

[maroraza]

Hi,
it will be great mistake if you move your case at this stage because after medical within 2 or 3 months you will get visa but if you transfer case to india then maybe you have to wait long way , its not good idea dont do it,

[PaulIII]

Why don't you try to switch to tourist visa - that will give you up to 6 months?  I don't know now, but years ago that was possible.  Just say, that u want to travel around the USA (and why don't u do so - USA is a wonderful country). The most important thing is to apply before your current visa expires. 


If you overstay the period on your I-94, these are the consequences:


http://www.hias.org/Immigration/Answers/overstay.pdf

Good luck

[PaulIII]

Make note of this:

"What happens if I applied for a change of status before my I-94 expired, but my I-94
expired while the application was pending?
You have not violated your status and remain lawfully in the U.S. while your application is
pending, as long as you have not worked without authorization and your application was not
frivolous. If you leave the U.S. while the application is still pending, you will not be subject to
the 3- and 10-year bars if you apply for re-admission to the U.S."

[nab054371]

ok how bout this:

My company is applying for a business visa(B1),which would be valid for 10 years.My interview for canadian PR has been waived. How bout ,if I keep my US mailing address(got a buddy staying at that address) and then just couriering my passports to this US address(my friend would then forward them to canadian consulate).Would that work?

[nab054371]

After going through some of the posts here,it looks like mailing passports is illegal ,so in that case i have no choice but to transfer the case to india(i do not know any contact travelling to US).Now I know it takes 68 months to get through PR process in India,but now that I am through with medicals(and interview waived),it really should not take that long to get a PR even in India?What you guys think?

[thaiguy]

I think you're talking about the cost of the round-trip ticket to the U.S. in exchange for having your visas done several years earlier.  For me, it would be worth it to pay the extra cost.  I suggest you continue to have your case processed by Buffalo and then, when it's required that you send the passports in, fly to the U.S. and take them to the embassy in person.  They'll take about a day to process and stamp them, and you can return to India and then go to Canada with your family.

[PaulIII]

  I suggest you continue to have your case processed by Buffalo and then, when it's required that you send the passports in, fly to the U.S. and take them to the embassy in person.  They'll take about a day to process and stamp them, and you can return to India and then go to Canada with your family.

Sounds pretty good, however, what if he doesn't receive a US visitor's visa to enter the USA again? I know people ho have been few times to the US, never overstayed their visas and got refusal, for no apparent reason. You never know with those consulates.
My interview was also waived and it took only 2 months from the date the medicals were done until I received back the passport with the visa stamped.
I suggest he consults right the way with a reputable US immigration attorney – it will cost him about $150 and it can be done over the phone, providing he has credit card. A good lawyer should be able to suggest how one can get up to 6 months extension. I believe all he needs is 3 months, if no problem with the medicals.
I guess each way he chooses he faces some small risk.

[thaiguy]

He can make a strong argument that he's not going to be staying in the U.S.  He should be able to get the visa.

[PaulIII]

He can make the same strong argument when applying for another visa or extension on his I-94, can't he?  He may even get his Canadian visa while waiting for the extension.

[thaiguy]

You're funny.  I respond and then you change the question.

In any case, he doesn't need an attorney.  He can do it himself - whether "it" is an extension or a new TRV.