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Estimation on the refusal percentage

Estimation on the refusal percentage

Old Jan 16th 2002, 6:19 am
  #1  
James
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Hi experts and gurus,

Does any one have an approximate or estimated number based on your experience
or analysis, in terms of the possibility that an US H-1B holder might be
refused at the POE?

Thanks,

James
 
Old Jan 16th 2002, 7:23 am
  #2  
Andrew Miller
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If such H1 visa holder is moving to Canada with all his or her family and belongings
at the time of landing then unless such person is found inadmissible or some
substantial facts have changed since the time of application then landing will not be
refused. Problems start when you intend to land with just passport and landing paper
in your hand, without demonstrating any intention of establishing permanent residency
in Canada upon landing. In such case rate of landing refusal is pretty high,
especially if H1 visa holder has AOS or Green Card application pending and/or cannot
demonstrate that he or she submitted notice of resignation to the current employer.

But why are you asking for the estimate rate of refusal? Are you a compulsive gambler
and want to know the risk? If your intention is to move permanently to Canada and
severe all ties with your US employer and forfeit any pending applications there then
you shouldn't worry, as long as you can prove your intentions.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________

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Old Jan 16th 2002, 1:22 pm
  #3  
James
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Mr. Miller,

Thanks for your posting!

Well, as you said, probably I am a sort of gambler. And the reason I posted this
question is because I wanted to know the existing experience on this issue and hoped
that the answer might make me a little more comfortable on that.

As in my previous a couple of posts, I am a H1-B holder as well as a graduate
student. I do have the intention to permanently live in Canada, and thus I didn't
apply the green card in US. The problem is how I can prove to the Immigration Officer
at the POE that I do have the intention to permanently live in Canada. I feel that
this is out of my own control.

I wish I could be admitted landing and then return to US to finish this semester
while keeping this US job during this period(2 months) to support my and my wife's
graduate study. ( Since my wife just started her graduate program, I have asked her
to try to transfer to a Canadian university for graduate study ). In the meantime, I
will also seek for temporary job offers in Canada. When this semester finishes, I
will resign and we will move to Canada. (Hopefully, my wife's transfer request can be
honored by a reputable Candian graduate school at that time). Then I will work (if I
have a job offer at that time) in Canada for probably 3 months, and return to US to
finish my MS degree(requirs 1 more semester/3~4 months). And return to Canada right
after that. In this end, I don't even need the Resident Return Permit, because the
time the I will be outside Canada after landing is less then 183 days. --- That is
the best scenario that I can imagine. And I am betting around USD1000 on it. I have
bought 2 round trip tickets to Canada on Mar. 10 @ USD500. If I am admitted,
wonderful. If I am refused, I have to return to US immediately and the penalty
charged by Airlines for changing flight will be USD300. Plus other misc costs, my
total loss will be around USD1000, excluding the time and energy. Is it worth to try?
Although I have decided to try because those two tickets that I have bought are
non-refundable, I would like to know experts' opnion if you will. And I think this
information might be helpful to other people in this NG happened to be in the same
situation.

If I am refused at POE, I have to come back and resign immediately and plan another
trip to Canada because my LP will expire in early April. And for that trip I might
choose driving because the air fare might be extremely high if I order them in such
short advance... And I can't afford the high air fare because I will be jobless at
that time ...
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Thank,

James

"Andrew Miller" <[email protected]>
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[usenetquote2]> > Hi experts and gurus,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Does any one have an approximate or estimated number based on your experience or[/usenetquote2]
[usenetquote2]> > analysis, in terms of the possibility that an US H-1B holder might be refused at[/usenetquote2]
[usenetquote2]> > the POE?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > James[/usenetquote2]
 
Old Jan 16th 2002, 1:30 pm
  #4  
Andrew Miller
Guest
 
Posts: n/a
Default

Just explain everything to the examining officer exactly like you did in your post,
have some solid evidence to back it up and you'll be fine.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"James" <[email protected]>
[usenetquote2]> > If such H1 visa holder is moving to Canada with all his or her family and[/usenetquote2]
[usenetquote2]> > belongings at the time of landing then unless such person is found[/usenetquote2]
inadmissible
[usenetquote2]> > or some substantial facts have changed since the time of application then landing[/usenetquote2]
[usenetquote2]> > will not be refused. Problems start when you intend to land with[/usenetquote2]
just
[usenetquote2]> > passport and landing paper in your hand, without demonstrating any[/usenetquote2]
intention of
[usenetquote2]> > establishing permanent residency in Canada upon landing. In such case rate[/usenetquote2]
of
[usenetquote2]> > landing refusal is pretty high, especially if H1 visa holder has AOS or[/usenetquote2]
Green
[usenetquote2]> > Card application pending and/or cannot demonstrate that he or she submitted[/usenetquote2]
[usenetquote2]> > notice of resignation to the current employer.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > But why are you asking for the estimate rate of refusal? Are you a[/usenetquote2]
compulsive
[usenetquote2]> > gambler and want to know the risk? If your intention is to ove permanently[/usenetquote2]
to
[usenetquote2]> > Canada and severe all ties with your US employer and forfeit any pending[/usenetquote2]
[usenetquote2]> > applications there then you shouldn't worry, as long as you can prove your[/usenetquote2]
[usenetquote2]> > intentions.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > ../..[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Andrew Miller Immigration Consultant Vancouver, British Columbia email:[/usenetquote2]
[usenetquote2]> > [email protected] (delete REMOVE and INVALID from the above address before[/usenetquote2]
[usenetquote2]> > sending email)[/usenetquote2]
[usenetquote2]> > ________________________________[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > Hi experts and gurus,[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Does any one have an approximate or estimated number based on your experience[/usenetquote2]
[usenetquote2]> > > or analysis, in terms of the possibility that an US H-1B holder might be[/usenetquote2]
[usenetquote2]> > > refused at the POE?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Thanks,[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > James[/usenetquote2]
 
Old Jan 17th 2002, 12:28 am
  #5  
James
Guest
 
Posts: n/a
Default

Thank you, Mr. Miller. I now feel better.

James
 

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