Alberta Immigrant Nominee Program (H1B Holders) CIC Process

[Leon]

CIC normally doesn't care if people are out of status in the US as long as they are applying for immigration at least, not a temp visa where they might have a chance to overstay in Canada. What is AINP's policy on the H1B program though? You have to be on H1B the whole time they are processing your certificate or what? That might matter.

 

[yrinaldy]

I believe, there is no explicit rules that say you have to stay in h1b status throughout CIC process. Some members here opted to go back to their countries after AOR - and once they go back, they're no longer in h1b status..

Through earlier post, some said we have to notify both Alberta and CIC of our change of address and status change.. So, not sure here as well.

CIC normally doesn't care if people are out of status in the US as long as they are applying for immigration at least, not a temp visa where they might have a chance to overstay in Canada. What is AINP's policy on the H1B program though? You have to be on H1B the whole time they are processing your certificate or what? That might matter.

 

[dnataraj]

my 2 cents.

wait till if at all you get laid off. By then if medicals come complete them.
Else go back to home country (making sure some one will forward your mails there).

You can always change address. But my intuition or conviction says later in the process better off you will be regarding change of address.

In my case I just finished medicals on 59th day from India and just waiting. If I don't get my H1B renewal (221g!!) in another couple of months I will ask for a change of address to New Delhi.

Bottom line: wait till last moment but act just before its too late.

Good luck!!

 

[ainpdude]

my 2 cents.

wait till if at all you get laid off. By then if medicals come complete them.
Else go back to home country (making sure some one will forward your mails there).

You can always change address. But my intuition or conviction says later in the process better off you will be regarding change of address.

In my case I just finished medicals on 59th day from India and just waiting. If I don't get my H1B renewal (221g!!) in another couple of months I will ask for a change of address to New Delhi.

Bottom line: wait till last moment but act just before its too late.

Good luck!!

sorry dna,.... pls ignore this if it is too personal and sidetrack question.... i was wondering....
is the US consulate in india getting stricter... i mean are the scrutinizing minutely.... typically h1b revalidation should be
quiete smooth... just wondering what i need to watchout for whenever visit mumbai consulate for stamping

 

[strawberry1009]

CIC normally doesn't care if people are out of status in the US as long as they are applying for immigration at least, not a temp visa where they might have a chance to overstay in Canada. What is AINP's policy on the H1B program though? You have to be on H1B the whole time they are processing your certificate or what? That might matter.

The only requirement is for you to have an H1B valid till a nomination decision is made by the AINP office. No status rule was cited related to CIC application.

 

[strawberry1009]

Correct. Because in my case, i left company A then 2 week later i found company B and got an offer. During my search my lawyer said no need to file change in status. USCIS processed my change of employer. I have been working in company B for 3 years now.

Retro:

I would suggest consulting an immigration attorney to be safe. The advice you get here is in good faith but since none of us are lawyers you should not use this advice as basis for staying here after your H1 expires. I have had lawyers tell me that legally you are expected to leave immediately after the termination of your H1. Any grace period is purely anecdotal, without any legal basis and completely based on the discretion of the presiding officer if you do end up in legal trouble. Given these circumstances I would not count on too much generosity on the part of USCIS.

Please consult an immigration attorney to get the best advice.

Cheers

 

[Retro]

Ok sad news. Its over. The manager informed me that I can work till the end of the month. The other people laid off have to leave by the end of this week. He understands my situation. They gave me a severance package of 1 month too. I have a meeting with HR and company lawyer tomorrow. And I know they'll say that you have to leave asap after the end of this month. I am thinking about flying back in the third week of May. They do pay you for a flight back home. But I think they'll want me to leave asap if I am going to accept their flight compensation. I am feeling relaxed at the same time....haven't seen family in a long while. But I hope CIC responds in time. I live near buffalo, I dont know if it would be a good idea to go and get information from the CIC office about my situation.

The countdown starts now and I have a month of legal status..and I am looking at all the options. I read the following on the AINP website

What happens if I am laid off? Change jobs? My
H1B visa expires? Or I leave the USA before I obtain
permanent resident status?

Your H1-B visa needs to current and valid and you need to
be legally working at the time of final decision by the AINP.
You are always required to notify the AINP of any changes of
employment conditions or change of address if your situation
changes following nomination by the AINP.

http://www.albertacanada.com/immigration/media/h1b_FAQ.pdf

I already have a Provincial nomination and am waiting for an AOR
from CIC. Well don't know what to do.

 

[joshi77]

Guys Please help

My time line

Applied with old process - preassessment for AINP H1B
AINP received my file beofre 19th feb
Recieved file number on March 20th ... 8XX

Following is my problem

I got Laid off on Feb 24th from Company A
Before that , i found IT consultant and applied for H1B TRASFER ( under standard process )
Received H1B trasfer file number on Feb 9th
Today i got a query on H1B TRANSFER ( IT CONSULTANT is not supporting me..so have to go back to India )

 

[joshi77]

Guys Please help

My time line

Applied with old process - preassessment for AINP H1B
AINP received my file beofre 19th feb
Recieved file number on March 20th ... 8XX

Following is my problem

I got Laid off on Feb 24th from Company A
Before that , i found IT consultant and applied for H1B TRASFER ( under standard process )
Received H1B trasfer file number on Feb 9th
Today i got a query on H1B TRANSFER ( IT CONSULTANT is not supporting me..so have to go back to India )
I have continious pay stub through out and a last paystub from IT CONSULTANT on March 31st


how long do i have before i can go back to INDIA
will i be able to continue my process with AINP from India ..with Nomination pending
when should i notify ainp about this ...now or after going to India

Please help ..........................

 

[mango.lassee]

Perhaps you could switch to visitor visa in the US or F1 for now. Also, I think it is best to get a multiple entry TRV to Canada from here right now if you can, just in case you need to stay there for a while, as it may be easier to get it from here than your home country.

Good luck and don't lose hope. There is a better future waiting for all of us.

Guys Please help

My time line

Applied with old process - preassessment for AINP H1B
AINP received my file beofre 19th feb
Recieved file number on March 20th ... 8XX

Following is my problem

I got Laid off on Feb 24th from Company A
Before that , i found IT consultant and applied for H1B TRASFER ( under standard process )
Received H1B trasfer file number on Feb 9th
Today i got a query on H1B TRANSFER ( IT CONSULTANT is not supporting me..so have to go back to India )
I have continious pay stub through out and a last paystub from IT CONSULTANT on March 31st


how long do i have before i can go back to INDIA
will i be able to continue my process with AINP from India ..with Nomination pending
when should i notify ainp about this ...now or after going to India

Please help ..........................

 

[divagirl]

1. You could change to a legal status like F1 or B2 while you search for another job and stay as long as you can or atleast till you get you nomination letter.
2. You can give a change of address of your friend who could redirect your nomination letter to you while you go back home.
3. Give them a change of address to your home in your country.

Wish you all the best.

Guys Please help

My time line

Applied with old process - preassessment for AINP H1B
AINP received my file beofre 19th feb
Recieved file number on March 20th ... 8XX

Following is my problem

I got Laid off on Feb 24th from Company A
Before that , i found IT consultant and applied for H1B TRASFER ( under standard process )
Received H1B trasfer file number on Feb 9th
Today i got a query on H1B TRANSFER ( IT CONSULTANT is not supporting me..so have to go back to India )
I have continious pay stub through out and a last paystub from IT CONSULTANT on March 31st


how long do i have before i can go back to INDIA
will i be able to continue my process with AINP from India ..with Nomination pending
when should i notify ainp about this ...now or after going to India

Please help ..........................

 

[dnataraj]

sorry dna,.... pls ignore this if it is too personal and sidetrack question.... i was wondering....
is the US consulate in india getting stricter... i mean are the scrutinizing minutely.... typically h1b revalidation should be
quiete smooth... just wondering what i need to watchout for whenever visit mumbai consulate for stamping

I think its not sidetrack question. All those who are in CIC process must consider postponing their home country travel, if possible till they get PR.

Not just India, everywhere there is this problem. I am not saying all, but most will get a coloured slip viz., 221g.
and delay can be b/n 2 to 5 months. This leads to lots of problems like, house, job security, tax filing etc apart from CIC steps.

And all this AINP is because we are all in H1B!!
some info here: http://www.murthy.com/news/n_221vis.html

-dna

 

[ingegarcia]

Hi dna...
This is actually true... my lawyer told me to postpone my travel last year because it might be delay... and I guess nowadays delay is more likely due to economy.....
In my case I couldn't wait because I had to request PC from home country, but if travel can be delay it's strongly suggested to do so...

sorry dna,.... pls ignore this if it is too personal and sidetrack question.... i was wondering....
is the US consulate in india getting stricter... i mean are the scrutinizing minutely.... typically h1b revalidation should be
quiete smooth... just wondering what i need to watchout for whenever visit mumbai consulate for stamping

I think its not sidetrack question. All those who are in CIC process must consider postponing their home country travel, if possible till they get PR.

Not just India, everywhere there is this problem. I am not saying all, but most will get a coloured slip viz., 221g.
and delay can be b/n 2 to 5 months. This leads to lots of problems like, house, job security, tax filing etc apart from CIC steps.

And all this AINP is because we are all in H1B!!
some info here: http://www.murthy.com/news/n_221vis.html

-dna

 

[nix1]

ingegarcia,

Did you mail the copies of your university diploma/certificate with your application to the CIC Buffalo?

Did you notarize all of your documents (photocopies) before sending them to Buffalo? Thanks for your time.

 

[ingegarcia]

Hi Nix...
along with my CIC application I sent birth certificates, copies of passports/copies and police certificates for home country and FBI.... BTW I haven't provide PCC from each of the states I've live as I will need around 300 dollars for all of them.. I decided to wait until the ask for them as I have some personal expenses I need to cover

And since I had already send the diplomas/grades, job letters to Alberta I did not send any of this information....

I notarized the photocopies in BoA before sending them to CIC...

I hope this helps...

ingegarcia,

Did you mail the copies of your university diploma/certificate with your application to the CIC Buffalo?

Did you notarize all of your documents (photocopies) before sending them to Buffalo? Thanks for your time.