"Recommend Interview" After PFL response submission

[vnjh]

Hi,

I have applied for LMIA based WP from India in Feb 2021. Unfortunately I got Procedural Fairness Letter in Aug 2021 alleging misrepresentation for not disclosing H1B Petition denial (4-5 years back). It was only the petition denial for my past employer as they were unable to produce proper documentation. Since the petition was denied and I never went for applying H1B visa, I never considered it as a Visa denial for myself but considered as petition denial for my past employer (petitioner was my employer in the application). I travelled across lot of countries in past 4-5years getting visa from every country without disclosing the H1B petition denial (not visa denial) but i was very unlucky to get this procedural fairness letter.

My attorney responded to the PFL within allowed timeline with all the supporting documents that i could gather and pleaded it as an innocent mistake by claiming it as a petition denial but not visa denial. PFL response was submitted in Aug 2021 and there has been no response from IRCC till now. I got GCMS notes yesterday and found "Recommend Interview" in Eligibility section and "In Progress" in Info-sharing. Rest all were passed.

What are the chances to get the visa approval and what might be the expected time? Anybody faced such issue?

 

[scylla]

Hi,

I have applied for LMIA based WP from India in Feb 2021. Unfortunately I got Procedural Fairness Letter in Aug 2021 alleging misrepresentation for not disclosing H1B Petition denial (4-5 years back). It was only the petition denial for my past employer as they were unable to produce proper documentation. Since the petition was denied and I never went for applying H1B visa, I never considered it as a Visa denial for myself but considered as petition denial for my past employer (petitioner was my employer in the application). I travelled across lot of countries in past 4-5years getting visa from every country without disclosing the H1B petition denial (not visa denial) but i was very unlucky to get this procedural fairness letter.

My attorney responded to the PFL within allowed timeline with all the supporting documents that i could gather and pleaded it as an innocent mistake by claiming it as a petition denial but not visa denial. PFL response was submitted in Aug 2021 and there has been no response from IRCC till now. I got GCMS notes yesterday and found "Recommend Interview" in Eligibility section and "In Progress" in Info-sharing. Rest all were passed.

What are the chances to get the visa approval and what might be the expected time? Anybody faced such issue?

I don't think anyone here is going to be able to tell you.

Interviews for work permits are very very rare.

Normally if there's a PFL, IRCC makes a decision to either approve or refuse after the response to the PFL is received without an interview.

 

[vnjh]

I don't think anyone here is going to be able to tell you.

Interviews for work permits are very very rare.

Normally if there's a PFL, IRCC makes a decision to either approve or refuse after the response to the PFL is received without an interview.

Thanks for your response. Anything I can do to request the final decision? Be it refusal or approval. I am very much frustrated with the unnecessary delay. My attorney raised webform more than a month ago but there has been no response from them apart from the acknowledgement of request.

Will withdrawal of application and reapplying an option?

 

[scylla]

Thanks for your response. Anything I can do to request the final decision? Be it refusal or approval. I am very much frustrated with the unnecessary delay. My attorney raised webform more than a month ago but there has been no response from them apart from the acknowledgement of request.

Will withdrawal of application and reapplying an option?

No, there is nothing you can do to request a final decision. Raising a webform to try to do this is pointless and will get you either no response or a generic response.

Generally speaking, it's too late to withdraw once there's a PFL. IRCC will continue to process the application even if you ask to withdraw.

 

[vnjh]

@scylla I got a re-medical request today (exactly after 6 months of PFL response submission) as the medical got expired. Does it mean that the visa will be approved now after successful medical approval?

 

[scylla]

@scylla I got a re-medical request today (exactly after 6 months of PFL response submission) as the medical got expired. Does it mean that the visa will be approved now after successful medical approval?

Sorry - I don't know. Someone else asked this question the other day too. I don't know if the ask for a new medical is automatic or if means they have accepted your explanation and the visa is going to be approved. Hopefully it's the second. Good luck.

 

[vnjh]

Thanks for your reply. I hope its the second one as the medical was expired 2 months back itself. Fingers crossed

 

[Ylover207]

Thanks for your reply. I hope its the second one as the medical was expired 2 months back itself. Fingers crossed

Did you get your visa ?

 

[vnjh]

Did you get your visa ?

Yes. I got the visa. Got PPR within 1 week of re medical