PR for H1B spouse in the states by H4 Canadian

[ssrini]

Hi everybody,

I am a Canadian citizen living with my husband in the states on dependent visa, now we feel it might be the right time to move to Canada. My spouse is a H1B holder working in the states (for now). How do i go about applying Canadian PR for him since I am residing outside Toronto?. Do I have to move back to Toronto and then start the PR process or can I start it from here ?? Please please someone advice

Thanks

[pinklady]

If you are a Canadian citizen you can start the process now. Only permanent residents wishing to sponsor must reside in Canada.

You will apply outland and send everything to Mississauga. If your husband has been legally admitted to the USA for a year or more, he can apply through the Buffalo office or you can choose the VO representing his home country.

[ssrini]

Thank you for the prompt response, I really appreciate its. Here is my next question, he is legally able to work in the USA since his company has sponsored his H1B visa. My question is this, we dont know how long his project in this company will continue since they are downsizing in the event that I apply for his outland PR sponsorship from the United States and say 2 months into it or 1 month or 3 months, whatever the case may be if his project shuts down and he has to go back to India, and I would have already applied PR for him under the assumption that he will be continuing his job in the US, what will happen if he has to go back to India ?

[pinklady]

If that is the case and is likely to happen I would suggest applying through the New Delhi VO. I think the average processing times are actually less than Buffalo anyway.

The reason I suggest going through ND is, if he left USA to return to India, then happened to be called to an interview in Buffalo, would he be able to return? Interviews are usually only called if they suspect the relationship is not genuine, so make sure you provide plenty of evidence.

[ssrini]

once again thanks for the prompt response! , ok that sounds good sorry last question i hope hehe. Suppose I file for sponsorship as you said for him via Delhi, and then turns out in the 1 month period he was able to land another job in usa, then what happens? he has to fly to delhi for attending the interview?? assuming there is one.

[pinklady]

Yep, exactly.
Its totally up to you to weigh up the risks. If you provide a solid application with plenty of proof then you reduce the chances of being called to an interview.
Good luck!

Perhaps you could join the Buffalo and New Delhi threads to find out how many people get called for interviews and what the circumstances are?

[ssrini]

Thank you so much i realllyyyy appreciate it . It all comes down to taking risks in the end I suppose, just hope i do the right thing lol.

[ssrini]

Ok so I am back sorry i had a few more questions, if my spouse stays with me in Canada what kind of PR spousal sponsorship will I be filing for?? Also how long does a work permit take to get processed and issued ??

[ssrini]

Just to be a little more detailed, say a company files for a temp work permit for my husband say 6 months, would i still be applying for an outland pr sponsorship which goes via new delhi??. How long will this work permit take to get processed  ??

thanks once again

[ssrini]

anyone??

[Dr Eng X]

Ok so I am back sorry i had a few more questions, if my spouse stays with me in Canada what kind of PR spousal sponsorship will I be filing for?? Also how long does a work permit take to get processed and issued ??

I read your posts, if I were you I'll sponsor through India VO. Not only the processing time is less but also you do not want to take chances. CIC advises the same, you should apply through your home VO. Remember if he is called for interview and could not be there, if I remember (reading it) the application might be restarted all over

If he is going to get PR he won't need a work permit! visit
http://www.cic.gc.ca/