What are the chances of getting Canada ICT visa after h1b visa denial?

[kalyan23]

Hi,

Recently on Mar 25th, my H1b visa got denied. My company is planning to initiate Canada ICT visa as there is a travel restrictions to my home country.
I heard that it is very difficult to get Canada ICT visa if H1b visa got denied and still in USA. I have to apply from India only to get the approval for Canada visa.

Could you suggest me if I can proceed to apply Canada visa while staying in USA only after H1b visa denial?

 

[scylla]

Hi,

Recently on Mar 25th, my H1b visa got denied. My company is planning to initiate Canada ICT visa as there is a travel restrictions to my home country.
I heard that it is very difficult to get Canada ICT visa if H1b visa got denied and still in USA. I have to apply from India only to get the approval for Canada visa.

Could you suggest me if I can proceed to apply Canada visa while staying in USA only after H1b visa denial?

What is your status right now in the U.S.? Do you have valid status or are you out of status? It's generally not a good idea to apply for a work permit to Canada if you don't have valid status in the country where you are now. Very high chance of refusal in that case. If you have valid status, then by all means have your company apply.

You'll need to declare the H1B refusal in your application to Canada. As long as your company can prove you meet the ICT requirement, I don't think this should impact the approval of your Canadian work permit. Of course that might depend on why your H1B was refused.

Good luck

 

[kalyan23]

it got rejected due to speciality occipation. I did masters in artificial intelligence and btech in electronics and instrumentation enginnering. Artificual intelligence is a computer science subject and electronics and instrumentation has almost 10 computer science subjects. I applied h1b for software position but it still got denied. For h1b, minimum job qualification is b.tech in computer science, so while applying for Canada ICT visa I mentiomed minimum requirement as M.Tech in Artificial intelligence myself to avoid denial due to education.


I currently applied to I539 B2 change of status and waiting to get its result. As this, I539 B2 status is pending, I am in status. My H1b is out of status now.

 

[scylla]

it got rejected due to speciality occipation. I did masters in artificial intelligence and btech in electronics and instrumentation enginnering. Artificual intelligence is a computer science subject and electronics and instrumentation has almost 10 computer science subjects. I applied h1b for software position but it still got denied. For h1b, minimum job qualification is b.tech in computer science, so while applying for Canada ICT visa I mentiomed minimum requirement as M.Tech in Artificial intelligence myself to avoid denial due to education.


I currently applied to I539 B2 change of status and waiting to get its result. As this, I539 B2 status is pending, I am in status. My H1b is out of status now.

Were you working with this company in the U.S. until your H1B was refused?

 

[kalyan23]

yes

 

[scylla]

yes

And I'm assuming you have worked for them for at least one year full time. Also that they have operations (i.e. branch, offices) in Canada?

 

[kalyan23]

yes my employer has operations across the world. I have worked for that employer from last 6+ years with 2 years 10 months from onsite USA.

 

[scylla]

yes my employer has operations across the world. I have worked for that employer from last 6+ years with 2 years 10 months from onsite USA.

In that case your employer can certainly apply. They will need to prove you have specialized knowledge in order for the ICT visa to Canada to be approved. Note that processing of the work permit application may take several months. Everything is slower right now due to COVID-19.

 

[kalyan23]

Sure, thank you very much for your feedback. I appreciate your immediate help.

 

[NivedhithaCibi]

I have ICT, can i travel now from USA to canada? COVID restrictions apply to me ? I thought they apply only for recreational travel

 

[scylla]

I have ICT, can i travel now from USA to canada? COVID restrictions apply to me ? I thought they apply only for recreational travel

You may be asked to demonstrate that your travel is essential.

 

[kalyan23]

I have ICT, can i travel now from USA to canada? COVID restrictions apply to me ? I thought they apply only for recreational travel

When did you apply your ICT visa? and is your visa status valid in USA?

 

[NivedhithaCibi]

I applied in Dec, my US visa is about to expire and as there are no flights I thought to continue working from Canada instead of being on Loss of Pay here ( once my visa here expires, my company would either send me to canada or keep in USA on a tourist visa without work)

 

[Joshva]

I applied in Dec, my US visa is about to expire and as there are no flights I thought to continue working from Canada instead of being on Loss of Pay here ( once my visa here expires, my company would either send me to canada or keep in USA on a tourist visa without work)

Hi !

When are you planning to enter canada?

Basically , if you are working for a US client , how will you justify your presence in Canada is essential especially when you cannot report to the client site or work from your employer's office(due to covid-19 all workspaces are closed in canada)

 

[NivedhithaCibi]

My client is in Canada as well, I am not sure if i am planning to go to Canada or go back to India (home country ) . Recreational travel is banned but this is non discretionary as it is my work. but i am not sure if they are allowing WP holders to enter canada now