I am transferring my file to my country's visa post in May 2002 from Buffalo where I had applied in July 2001.
So will I come under the transition passmark of 70 as my file was originally submitted in July 2001 and this is a transfer not a fresh application submission.OR a new passmark of 80 or whatever proposed after june 28 2002 will be applied on it.
Experts your valuable suggestions will be highly appreciated.
regards

What my understanding is by reading similar sinarios like this on this vary forum when you transfer file from one country to another, your tranfer date becomes your new filing date. They will assign you a new B number. So new criteria will be applicable to your case.

I don't think so. The proposed regulations say "Independent and Assisted Relative
immigrants who applied before December 17, 2001 .....". He has already applied before
Dec 17, 2002. This is similar to the situation if you have applied on Buffalo and
then (after 10 months as example) you file has been transfered to Seattle (as an
example) for an interview. Maybe he won't retain the same file number, but there is a
fact that he's already applied before Dec. 17.

Kaleem <[email protected]> wrote in message
news:<[email protected]>...
    > What my understanding is by reading similar sinarios like this on this vary forum
    > when you transfer file from one country to another, your tranfer date becomes your
    > new filing date. They will assign you a new B number. So new criteria will be
    > applicable to your case.

You can't compare transfer for interview from Buffalo to Seattle (or any other
interviewing office in US within Buffalo's jurisdiction) to transfer of files from
one processing visa post to another in different jurisdiction. Buffalo is the
regional processing centre in US and is using help of other consulates in US to
conduct interviews, so sending case for the interview there is not a transfer of
files between different processing visa posts. When case is transferred from Buffalo
for the interview to one of 4 interviewing consulates such case retains the file
number and it is still the same process.

But when file is transferred by applicant from one processing visa post to another
(in different jurisdiction) then such file is entered in this new visa post as a new
case, is assigned new file number and new processing starts almost from the scratch.

What will happen with receipt date of files submitted originally prior to December
17, 2001 and later (after that date) transferred by applicant to another jurisdiction
remains to be seen...

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"ghost" <[email protected]> wrote in message
news:[email protected]...
    > I don't think so. The proposed regulations say "Independent and Assisted Relative
    > immigrants who applied before December 17, 2001 .....". He has already applied
    > before Dec 17, 2002. This is similar to the situation if you have applied on
    > Buffalo and then (after 10 months as example) you file has been transfered to
    > Seattle (as an example) for an interview. Maybe he won't retain the same file
    > number, but there is a fact that he's already applied before Dec. 17.
    >
    >
    > Kaleem <[email protected]> wrote in message
news:<[email protected]>...
    > > What my understanding is by reading similar sinarios like this on this vary forum
    > > when you transfer file from one country to another, your tranfer date becomes
    > > your new filing date. They will assign you a new B number. So new criteria will
    > > be applicable to your case.

Hi Experts ,especially Mr Miller,first of all thanks for giving input on my case.A per my case,I think it is a bit complicated as the canadian immigration is willing to consider "the application" status as in July 2001 because am not paying the 328$ for application fee but just paying "transfer fee" of 62 US Dollars.
So on the one hand canadian immigration auhorities are willing to consider the application status as of July 2001 but yet not give me privelege of having to score the transition passmark?

I am frustrated as hell now.I sincerely wish I "could" keep my file in Buffalo but US wont give tourist visa for the interview. even though I had applied there on job visa and did do any fast visa shopping .I wont get waiver as my current residence is India.

So,in nutshell,what option do I have? what can I do to get my application date as of July 2001 after transfer?Do I have to fight a case against the canadian immigration deptt?
how much will the be the cost ?


regards

Again - you should be able to keep your original submission date but as file
is assigned a new number after the transfer you should also expect some
problems with it.

But don't transfer your file to New Delhi until you know for sure that interview is
required by Buffalo and that you won't get US visa. You still may get interview
waiver as when you applied you resided in US. Wait.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"hanu" <[email protected]> wrote in message
news:[email protected]...
    > Hi Experts ,especially Mr Miller,first of all thanks for giving input on my case.A
    > per my case,I think it is a bit complicated as the canadian immigration is willing
    > to consider "the application" status as in July 2001 because am not paying the 328$
    > for application fee but just paying "transfer fee" of 62 US Dollars. So on the one
    > hand canadian immigration auhorities are willing to consider the application status
    > as of July 2001 but yet not give me privelege of having to score the transition
    > passmark?
    >
    > I am frustrated as hell now.I sincerely wish I "could" keep my file in Buffalo but
    > US wont give tourist visa for the interview. even though I had applied there on job
    > visa and did do any fast visa shopping .I wont get waiver as my current residence
    > is India.
    >
    > So,in nutshell,what option do I have? what can I do to get my application date as
    > of July 2001 after transfer?Do I have to fight a case against the canadian
    > immigration deptt? how much will the be the cost ?
    >
    >
    > regards
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Mr Miller thanks for your encouraging response.I am too frustrated presently with no help.
May God bless you always for helping people like me in this forum.

Mr Miller,
Thanks for your response.
What I have to do to get my date of submission as of August 2001 if my file is transferred to India after june 2002 and I dont get a visitor visa to US?

-Amit

Contact me then.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"hanu" <[email protected]> wrote in message
news:[email protected]...
    > Mr Miller, Thanks for your response. What I have to do to get my date of submission
    > as of August 2001 if my file is transferred to India after june 2002 and I dont get
    > a visitor visa to US?
    >
    > -Amit
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Dear Andrew,
Thanks very much.

what can be done to keep the original submission date ?do I have to file a case?how much will be the charge?
I am asking you just to be on the safe side.
please reply as it is creating uncertainity in my mind.