immigraton application rejected

[itsricha]

Hi!

My husband n I had applied for the Canadian immigration in October'08.
And yesterday we received their letter stating that the application has been rejected as my husband's occupation is not there in the list of occupations given by them in their instructions. They also said that there were certain changes in their (Immigration and Refugee Protection Act).
So, as per their new job descriptions i think his job did not feature in their list.
They said they would be returning the application fee etc etc in a few weeks time...
But I wanted to know if this would have any effect if we try out again..and is there a time limit within which we cant apply again?

We currently reside in US. My husband is on H1B visa and he is a people soft consultant. I am on H4 visa as of now.
I am open to get any suggestions from you guys...and if u have had a similar experience then let me know how you went about the whole the situation.

Thanks!!

 

[NewYorker]

There is no time limit to re-apply. Also, this time ensure your job is on the list and you can prove it with documents, you cannot change jobs category just for your application to go through since you have already applied in the past and get rejected, they already know what job you was doing unless you did a mistake or changed to a job which is on the list for 1 year or more or you have a job offer etc.

 

[ja77]

sorry to hear about this. but have you and your husband thought about AINP (Alberta Immigration) under H1B program? please check if his current job makes him qualified for AINP under HIB.

 

[itsricha]

Hey thanks alot for your suggestion...I was going through their list of occupations...but we are not sure where he can fit in..
He is a software engineer (a peoplesoft consultant).
Now, they so have an options for "Computer and Information Systems Manager"...but my husband is not at the managerial level as yet..so I am still in doubt if i should give that as an option or not....

As for the Alberta Immigration...my husband is going through that as well...as in he has started a process through that also..and there he fits into the "NOC Skill Level A - Computer Programmer/Software developer" category.

Which way do you suggest for us to take?? and reasons as well so that we can make a better decision.

Thanks Alot for you help!!

 

[Hot-Lier]

Really sorry to listen for that rejection and i think that you have to be calm and review if this time you could become applicant (What is your profession).

Secondly i also want some advice from seniors that if somebody disqualify just bec of 66 points. Can he re-apply again immediately with a improved IELTS test score.

 

[CanSun]

Richa - stick to the Alberta nominee program as long as your husband applied before May 19, 2009. In that case, it is only a waiting game and sooner or later he will be approved for Canadian Immigration.

But the Occupation List for the Alberta Nominee program changed on May 19, 2009 and now like the FSW program - the only IT occupation there is also the Computer Manager designation - exactly the same as the FSW. So that has become quite difficult too unless you can prove through multiple sources that you are a Manager.

Other options would be to move to Canada with a job offer or come to Canada to study and then get a work permit(post graduation) and then try to get immigration.

Quick question - Is your husband born in India or China ? If not, stay and apply for Green Card in the US itself since now there is no backlog for any other country in the world except India and China. I believe they have got rid of the backlog for Mexico and Phillippines too and so if you paperwork is OK, US green card should NOT be a problem for any country other than India and China.

 

[Hot-Lier]

cansun what is your opinion about my question please....................thanking you in advance

 

[cchabert]

Richa - stick to the Alberta nominee program as long as your husband applied before May 19, 2009. In that case, it is only a waiting game and sooner or later he will be approved for Canadian Immigration.

But the Occupation List for the Alberta Nominee program changed on May 19, 2009 and now like the FSW program - the only IT occupation there is also the Computer Manager designation - exactly the same as the FSW. So that has become quite difficult too unless you can prove through multiple sources that you are a Manager.

Other options would be to move to Canada with a job offer or come to Canada to study and then get a work permit(post graduation) and then try to get immigration.

Quick question - Is your husband born in India or China ? If not, stay and apply for Green Card in the US itself since now there is no backlog for any other country in the world except India and China. I believe they have got rid of the backlog for Mexico and Phillippines too and so if you paperwork is OK, US green card should NOT be a problem for any country other than India and China.

Well Cansun they have not get rid of the backlog for Mexico, because I'm Mexican and still waiting for my priority date and that one can be out in around 1 or 2 years just to star the application for GC by that time I'll be drinking beer in Banff

 

[itsricha]

thanks cansun...my husband applied for the AINP towards the end of March'09...so i guess the new list should not affect him..
my husband was born in India so applying for US would be a longer procedure...dont u think?

 

[CanSun]

Richa - you and your husband should be OK under Alberta Nominee Program since you applied before May 19, 2009. Just sit tight and hopefully very soon you will get your immigration documents from Alberta. No point applying in FSW if he is not a Manager and also since he was born in India - no point applying for US Immigration because the backlog is huge and very long.

Hot Lier - you can definately apply for Canadian Immigration with a higher IELTS score. In fact you can apply as many number of times as possible - there is no law against you applying multiple times.

CChabert - Please check this link - www.shusterman.com
It is the link to the Law Offices of Carl Shusterman - one of the most famous, respected and reliable US Immigration Lawyers currently.
In his website, if you click on Visa Bulletin and scroll down to Employment Based Immigration - you will see that for both EB1 and EB2 the priority dates for Worldwide, Mexico and Phillippines are current - no backlog - hence Green Card should not take long time if documents are OK. There is a Backlog only for INDIA and CHINA applicants in EB2 - so long time for people born in these 2 countries to get US Green Card. All others should be OK. Actually for India and China - EB1 is current - so good work there by USCIS.

 

[cchabert]

CChabert - Please check this link - www.shusterman.com
It is the link to the Law Offices of Carl Shusterman - one of the most famous, respected and reliable US Immigration Lawyers currently.
In his website, if you click on Visa Bulletin and scroll down to Employment Based Immigration - you will see that for both EB1 and EB2 the priority dates for Worldwide, Mexico and Phillippines are current - no backlog - hence Green Card should not take long time if documents are OK. There is a Backlog only for INDIA and CHINA applicants in EB2 - so long time for people born in these 2 countries to get US Green Card. All others should be OK. Actually for India and China - EB1 is current - so good work there by USCIS.

Yup you're right for EB1 and EB2 are current but I'm EB3 so I need to wait until October when new visa quota get out and see the priority date, told you I'll have a beer in Banff by then.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4497.html