Traveling on visit visa and later changing/converting to ICT work permit

[bismi]

I'm currently in the US on H1-B and the expiry date is almost approaching and the GC process is not on the PERM stage yet. So, with the current status, I will have to go back by 1st Dec. My company is applying for ICT WP. Right now because there is a lot of wait time for the ICT to get approved and even to get the biometric request letter, I plan to apply for the visit visa first right now by myself before my company applies for ICT WP. As I understand, they will be sending the biometric request pretty quickly for visit visa. My understanding is, my ICT WP application can then be processed without waiting for the biometric as I have already given it for my visit visa application.

Q1 - Is the biometric still valid even if my visit visa application is rejected?

Q2 - If they approve my visit visa, can I travel to Canada on my visit visa and later change the status to ICT WP once it is approved? If yes, how to deal with the passport submission request?

Note: I will not be working under the Canadian company until my WP is approved. Is this a possible option or are there any issues in taking this approach?

 

[Yqing237]

1. Yes it will be valid till 2030.

2. You cannot travel with visitor visa until border reopens for tourism. Which is not happening in the foreseeable future. Plus you have to leave Canada to activate your work permit once it gets approved. Which is also going to be difficult during the pandemic.

3. You can change your status here for B2 visitor and wait for it here in the US. You still have a lot of time, since the deadline is December and ICT is a 2-week process once they resume full capacity. For now I don’t think you need to worry too much.

 

[bismi]

Thanks for the quick response.

2. You cannot travel with visitor visa until border reopens for tourism. Which is not happening in the foreseeable future. Plus you have to leave Canada to activate your work permit once it gets approved. Which is also going to be difficult during the pandemic.

I was hoping they might re-open the border before Dec. From what you said, it seems that is not probably going to happen. In any case, this would mean that I must leave Canada, get the visa stamped on my passport and re-enter. Then, there is no real benefit even if I was able to go to Canada on visitor visa, right? Not sure, if I could apply for a US visitor visa and then enter the US and come back (provided, they approve my visa which I believe would be difficult as I just left the U.S).

The problem with changing the status to B2 visitor is, as I understand - I won't be able to work and effectively that would mean my employer will have to terminate my employment in U.S. right? One of the requirements for ICT was, we must be employed for 1 year with current employer. right? So, I was under the impression that changing to B2 might not be a possible option and will have to go back to India and come back to Canada after stamping (hopefully).

 

[haritosh82]

Thanks for the quick response.



I was hoping they might re-open the border before Dec. From what you said, it seems that is not probably going to happen. In any case, this would mean that I must leave Canada, get the visa stamped on my passport and re-enter. Then, there is no real benefit even if I was able to go to Canada on visitor visa, right? Not sure, if I could apply for a US visitor visa and then enter the US and come back (provided, they approve my visa which I believe would be difficult as I just left the U.S).

The problem with changing the status to B2 visitor is, as I understand - I won't be able to work and effectively that would mean my employer will have to terminate my employment in U.S. right? One of the requirements for ICT was, we must be employed for 1 year with current employer. right? So, I was under the impression that changing to B2 might not be a possible option and will have to go back to India and come back to Canada after stamping (hopefully).

File your ICT WP ASAP. You could very well get it approved before December. Most of the impacted folks who are in this situation were hurt by biometrics (offices were closed for almost 4 months). If it comes down to filing B2 to legally stay in US, ask your employer to not terminate the employment. Instead, make you active by converting your employment as India employee or something. Check with your attorney if converting from H1B to B2 impacts Canadian WP application and what could be done to avoid it. Going to India and coming back to Canada is indeed the last resort. All of this chaos has happened because of COVID and I am seriously hoping that IRCC will factor that and give some discount for all such talented folks out there.

 

[Yqing237]

Thanks for the quick response.



I was hoping they might re-open the border before Dec. From what you said, it seems that is not probably going to happen. In any case, this would mean that I must leave Canada, get the visa stamped on my passport and re-enter. Then, there is no real benefit even if I was able to go to Canada on visitor visa, right? Not sure, if I could apply for a US visitor visa and then enter the US and come back (provided, they approve my visa which I believe would be difficult as I just left the U.S).

The problem with changing the status to B2 visitor is, as I understand - I won't be able to work and effectively that would mean my employer will have to terminate my employment in U.S. right? One of the requirements for ICT was, we must be employed for 1 year with current employer. right? So, I was under the impression that changing to B2 might not be a possible option and will have to go back to India and come back to Canada after stamping (hopefully).

No they might not terminate your employment. I am suspended right now.

 

[bismi]

File your ICT WP ASAP. You could very well get it approved before December. Most of the impacted folks who are in this situation were hurt by biometrics (offices were closed for almost 4 months). If it comes down to filing B2 to legally stay in US, ask your employer to not terminate the employment. Instead, make you active by converting your employment as India employee or something. Check with your attorney if converting from H1B to B2 impacts Canadian WP application and what could be done to avoid it. Going to India and coming back to Canada is indeed the last resort. All of this chaos has happened because of COVID and I am seriously hoping that IRCC will factor that and give some discount for all such talented folks out there.

Thanks for your response. Unfortunately, my 1 year with the company is not yet completed. Last Sep only I joined after H1 transfer approval. So they cannot apply for WP until Sep. Hopefully, there won't be any additional delays and would be able to submit for WP in the first week itself. I will check with our immigration team about the possible options.

 

[bismi]

No they might not terminate your employment. I am suspended right now.

Ooh, this is news to me. I have to check on this. So, do you still get salary while you are suspended?

 

[Yqing237]

Ooh, this is news to me. I have to check on this. So, do you still get salary while you are suspended?

Nope.

 

[haritosh82]

Thanks for your response. Unfortunately, my 1 year with the company is not yet completed. Last Sep only I joined after H1 transfer approval. So they cannot apply for WP until Sep. Hopefully, there won't be any additional delays and would be able to submit for WP in the first week itself. I will check with our immigration team about the possible options.

Sure. Ask your HR/Attorney to make sure that its filed under GSS category. It requires certain NOC code and employer participation.

 

[bismi]

Sure. Ask your HR/Attorney to make sure that its filed under GSS category. It requires certain NOC code and employer participation.

My understanding is all the ICT with Skill Type 0 and A comes under the GSS category.

 

[haritosh82]

My understanding is all the ICT with Skill Type 0 and A comes under the GSS category.

That is correct and it also requires employer to be eligible as per IRCC rules. Mostly employers are but it doesn’t hurt to get that confirmation explicitly from your employer that your application is classified as GSS eligible for 2 weeks processing.

 

[bismi]

That is correct and it also requires employer to be eligible as per IRCC rules. Mostly employers are but it doesn’t hurt to get that confirmation explicitly from your employer that your application is classified as GSS eligible for 2 weeks processing.

I checked with them and this is the response I receive - "We only do ICT visa and it is covered under the GTS(Global Talent Stream)".

As per the 3rd point of eligibility mentioned @ https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/global-skills-strategy/eligibility.html

• The employer has submitted an offer of employment using the Employer Portal and paid the employer compliance fee.

My understanding here is, for ICT all employers has to submit the offer on the employer portal and get an LMIA except number, without which we cannot apply for WP. Guess I should ask if they pay any employer compliance fee or not.

 

[bismi]

I've got a question about my original post. Biometric sites were down and I couldn't provide my biometrics as early as I had hoped for. I gave my biometrics today. My company would be submitting my ICT WP application sometime in the 1st or 2nd week of September.

1. Would there be any issue with my WP application, given that there is already a visit visa application in their system pending for processing?
2. Should I request them to abandon my visit visa application? if so, how do we do it?
3. Visit visa processing time is showing as 17 days when applying from US. So, is it better to request my company to wait until I get my visit visa decision? This would be the least preferred option, given that the actual goal was to get the WP application to be processed as early as possible.

Thanks in advance for all the responses.

[Edit] When I logged into my account, I just noticed that my biometric info is in their system and the expiry date is showing as Aug 24, 2030. So achieved my main objective with the visit visa application. I also noticed a message that - "We are processing your background check...". The question here is - if they happen to do my background check process for the visit visa, do they do it again for my WP or they re-use that information given that it is within a short span of time? I doubt it though.

 

[Caly]

1. Yes it will be valid till 2030.

2. You cannot travel with visitor visa until border reopens for tourism. Which is not happening in the foreseeable future. Plus you have to leave Canada to activate your work permit once it gets approved. Which is also going to be difficult during the pandemic.

3. You can change your status here for B2 visitor and wait for it here in the US. You still have a lot of time, since the deadline is December and ICT is a 2-week process once they resume full capacity. For now I don’t think you need to worry too much.

You no longer have to leave Canada to activate a work permit.
https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/08/new-temporary-public-policy-will-allow-visitors-to-apply-for-a-work-permit-without-having-to-leave-canada.html

 

[bismi]

You no longer have to leave Canada to activate a work permit.
https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/08/new-temporary-public-policy-will-allow-visitors-to-apply-for-a-work-permit-without-having-to-leave-canada.html

Thanks. I had seen this earlier, but it is only applicable to those visitors who are already inside Canada during the current lockdown. I believe this is temporary and probably won't be allowed once they open the border for Visitors.

[Update] duh - Foreign nationals who arrive in Canada as visitors after August 24, 2020, are not eligible under the public policy