Hi Chalo Canada,
First of all, don't let the adverse circumstances dampen your hopes and enthusiasm. Considering the job offer from Alberta and AINP letter, you are in a much better situation.
Few Questions?
1. You filed for H1 extension on June 30, 2010 - ( Are you done with 6yrs of stay in US or is it your first extension).
2. Do you have a receipt number for extension filed and who filed for your extension? The same employer?
My thoughts:
I think you need not worry about your Canadian Work Permit application. You can claim that since you got the job offer on Sept 27, 2010 from Albert (Canada) and your Alberta PR application is pending, you quit the job on Oct 01, 2010 (if asked).
Canadian officals are friendly and understanding. Considering the fact that you legally worked in the US on H1 and quit (Intentionally avoiding the word Laid off) the US job after you got Albert Job offer, the visa officer will not dig in for further details on your current status in US. The support letter from Alberta AINP office further strengthens your application for work permit.
In the worst case, if the visa officer ask you about your status in US, you can still claim point your fingers at USCIS
240 day rule:
" If the employer files a timely extension of stay petition, the employee may continue to work for a period not to exceed 240 days while the application is pending, beginning on the date of expiration of the authorized period of stay. If INS denies the application for the extension of stay, employment authorization automatically expires on the date of the INS's notification of denial".
Technically speaking, the above rule doesn't come to your resuce since you are no longer employed with the same employer but politically - Since your petition is still pending with USCIS and your employer has not filed for cancellation of your petition yet , you are on legal status ---- Its interpretation of convenience (Try to make the best use to your defense if the need arises). Do submit your USCIS Receipt (filed on June 30) along with the application as a proof of your status in US. Claim the use of 30 days grace period ( Dont know if it really exists or not, but If I were you I would make use of it)
PS: Even in the worst case, if the canadian officer insists you to go to home country to apply for the Canadian Work Permit visa, then explore the option of going to Bahamas for Canadian Work Permit visa stamping ( if you dont want to go to India).
" Men who are resolved to find a way for themselves will always find opportunities enough; and if they do not find them, they will make them"
Good Luck my friend.
ChaloCanada said:
Guys,
Few things happening on my side
My H1b expired on Sept 30th 2010.
I had filed for extension on June 30th 2010.still waiting on decision
On Oct 1st 2010 I was laid of from US job
Sept 27 - received job offer from calgary canada.
Oct 4th received letter of support fax from AINP.
Planning to apply for work permit next week at LA.
Now LA office on their websites says u have to be in STatus in US when applying at LA office?
Would they ask me to go to New Delhi to apply for work permit?
Would LA office create problem for being out of status for less than 10 days??
Please share your thoughts...
