H1B in Problems

[juansapr]

Hi Everyone

I am a H1B holder and I am kind of desperate because I already tried different immigration programs in Canada and I tried to take the IELTS test several times and more but according with different Lawyers and I just have 360 points and I need to live in Canada put I don't find a way that Canada gives me a visa. I just apply to a ESL course for my wife, but many people is telling me that the Canada Immigration will reject it, I tried express Entry and I am not eligible yet, I tried to find a job but because I am not in Canada they are not get it to me. I am kind of desperate because I have the education formation requirements and 4 years of experience. Can someone give other suggestion please? I appreciate your help.

 

[jman25]

What do you have 4 years of experience in? How old are you? What educational credential do you have? Degree? Masters? What does your wife do in America, age, educational credential?

 

[juansapr]

I am a Computer Science engineering with a master degree, 4 years of experience in software development and I am 30 years old. She took some classes but the english level is basic intermediate and she is a 32 year old Lawyer with a Bachelor Degree.

 

[scylla]

ESL study permit is unlikely to be approved for your wife - and even if it is, it's unlikely you'll qualify to come to Canada on a work permit while she studies. Also, she won't get a PGWP afterwards - so the ESL program really won't help her in any way to qualify for PR.

If your goal is to immigrate to Canada, then you need to see what you can do to increase your points. Have you maxed out your IELTS scores (i.e. achieved the highest score required to get the most points)? I know you've already taken IELTS a few times - maybe you need to take it again. Have you had all of your education officially assessed?

You should assume you won't be able to find a job in Canada.

 

[juansapr]

Your suggestion is not an option because I already tried 3 time the IELTS test and actually I don't have more time to prepare and to present it any more because I have to move out the USA by May. I even argued one exams results because I believed that the exam was bad checked and to proceed I was going to loose more money. I know that is very possible that I will not get a job as soon I get to Canada. However, I started to submit some applications in Canada because I have friends that can distribute my resume in Canada and I did that homework, some answered me that if I were in Canada I could be eligible for the job because my curriculum is good. I already have all the education paperwork and the personal papers ready. Isn't there any other options?

 

[scylla]

It sounds like you have misunderstood or misinterpreted Canada's work permit rules. Being in Canada will make no difference when it comes to getting a job. Whether you are in Canada or outside of Canada, the employer will still need to obtain an approved LMIA in order for you to qualify for a work permit.

The LMIA process is long (count on 4-6 months) and expensive for the employer. To start, they must advertise the job for at least a month and prove no Canadian could be found for the job. They must they submit the LMIA application for processing along with a $1,000 fee. Processing times are long and there's no guarantee of approval. Generally speaking, it's very difficult to find employers willing to go through the LMIA process for IT jobs since there are already may qualified candidates to hire in Canada and it's not possible to prove that no Canadian could be found for the job.

 

[scylla]

However, I started to submit some applications in Canada because I have friends that can distribute my resume in Canada and I did that homework, some answered me that if I were in Canada I could be eligible for the job because my curriculum is good. I already have all the education paperwork and the personal papers ready. Isn't there any other options?

You have misunderstood what these employers are saying. They are not saying that you could be eligible if you are in Canada - they are saying that they would consider you for the role if you were legally allowed to work in Canada. Even if you come as a visitor to Canada - you would not be allowed to legally work here. Again, the employer needs to obtain an approved LMIA for you to qualify for a work permit - most employers aren't willing to go through the process.

If there are any employers who are willing to offer you a job - the first thing you need to ask them is if they are willing to get an LMIA. No LMIA - no work permit.

 

[juansapr]

You have misunderstood what these employers are saying. They are not saying that you could be eligible if you are in Canada - they are saying that they would consider you for the role if you were legally allowed to work in Canada. Even if you come as a visitor to Canada - you would not be allowed to legally work here. Again, the employer needs to obtain an approved LMIA for you to qualify for a work permit - most employers aren't willing to go through the process.

If there are any employers who are willing to offer you a job - the first thing you need to ask them is if they are willing to get an LMIA. No LMIA - no work permit.

Hi

I understand your point know, but still do you have any other options?

 

[scylla]

There are extremely few realistic options that would allow you to move here in May.

The only one I can think of is if you come to Canada as a full time student on a study permit to either complete another Masters or PhD. Although there is no guarantee your wife would be able to come with you (she would qualify to apply for an open work permit but there is no guarantee she would be approved).

With a score of 360 - you're not going to be selected under Express Entry. And as mentioned before, getting a job offer supported by an approved LMIA so that you can apply for a work permit is extremely difficult to do (and also does not guarantee that your wife can come with you).

 

[canuck78]

Do you have a very specialized skill in CS? Not well versed about what skills are in demand but you do have a masters degree. Not sure that May is realistic but a company may be willing to go through the LMIA process if your skills are in demand and are hard to find. Think that is your best option but not sure it will fit your timeline. Where are you working now? I there a Canadian office where you could transfer. Yet again may not fit your May deadline.