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Application returned, plz help

SAT

Member
Jan 14, 2010
17
0
I was accepted by the CIO in sydney, when i filed my visa application. then i applied with rest of the documents in 120 days. during which my US visa expired,
the application is now returned to me saying that i have to be in legal status, when i applied, but i was in legal status when i applied to CIO.
what should i do, do i have to repay the fees and i have to apply from the beginning .
i also have applied for Work permit, HRDC approval is here, i'm afraid this might get rejected if i stay in US.
 

saki

VIP Member
Apr 7, 2010
3,395
353
Job Offer........
Pre-Assessed..
What is your visa status now ? Are you still legally living in US if so then you can provide them the proof of your current visa status or some letter from the US immigration stating that your visa is expired but however you are presently on the following visa for example say bridging visa.

Regards
Saki
 

micuza2004

Star Member
Apr 19, 2010
131
1
Category........
Visa Office......
Buffalo
NOC Code......
0631
Job Offer........
Pre-Assessed..
App. Filed.......
19-03-2010
Doc's Request.
18-05-2010/Full Doc. 31-08-2010
AOR Received.
14-12-2010
"Visa Office requested for the processing of your application: You must select and write the name of the Visa Office which serves:

* your country of nationality; or
* the country in which you are residing, provided that you have been lawfully admitted to that country for at least one year."

even if you were on status at the time you applied at cio, meanwhile if your visa expired or you are out of status, i don/t think there is much thing that you can do, but go back to your home country and reapply. you have to proof that you are residing here legally while your case is being processed. that's my opinion...
 

SAT

Member
Jan 14, 2010
17
0
no currently i'm out of status, if i apply from my home country then would i have to pay the visa fee again. or this payment is still valid.
 

Kumar0919

Star Member
Feb 12, 2010
66
4
As the application was processed and found ineligible to be processed in the U.S., the processing fee may not be refunded. However, an applicant does not lose his/her eligibilty to apply for Canadian PR if they are illegal in the U.S. Think about choosing a visa office in your native country. Best of luck.
 

micuza2004

Star Member
Apr 19, 2010
131
1
Category........
Visa Office......
Buffalo
NOC Code......
0631
Job Offer........
Pre-Assessed..
App. Filed.......
19-03-2010
Doc's Request.
18-05-2010/Full Doc. 31-08-2010
AOR Received.
14-12-2010
it would have been a good idea if you had applied for an adjustment of status or a visa extension before it expired. on what visa you were?
 

saki

VIP Member
Apr 7, 2010
3,395
353
Job Offer........
Pre-Assessed..
SAT said:
no currently i'm out of status, if i apply from my home country then would i have to pay the visa fee again. or this payment is still valid.
If you are not legally staying in US then you will have to go back to your native country and reapply as a new application and with all fees.
 

SAT

Member
Jan 14, 2010
17
0
i was on H1, the process did not go through, but they have given me 60 days to re apply
 

saki

VIP Member
Apr 7, 2010
3,395
353
Job Offer........
Pre-Assessed..
SAT said:
i was on H1, the process did not go through, but they have given me 60 days to re apply
i think if you reapply for H1 then you will be legal in US and you can proceed with your canadian immigration that is what i think, better to check with some immigtation lawyer they are in the better position to help you.

Regards
Saki
 

SAT

Member
Jan 14, 2010
17
0
there always a chance to go to india and apply, change my address and current status for applying. that should help
what to the elders think