Umesh

Hello all experts ... need a little help here please.

After exhausting all 6yrs of H1B in US I am moving to Canada next week
on a work permit. I was planning to apply for permanent residence from
within Canada in hope of faster processing from there, but all my
hopes were dashed by this ominous statement in the work permit
approval letter from Canadian Consulate -"The Immigration and Refugee
Protection Act does not permit a temporary resident to seek permanent
residence from within Canada".
This just seems ridiculous to me. Isn't there any exemption for
skilled workers ? I feel stupid for not applying it while I was in US.
Now what are my options ? Do I need to apply it from India (my home
country) or can I still apply from US ?

Thanks in advance for your valuable advice.
-Umesh

Andrew Miller

Sorry, but you cannot apply within Canada. You must submit application to
New Delhi or to Buffalo. But note that if interview is required and you
can't get US visa then you are in troubles. So, if you are not sure that you
can get US visa then apply through New Delhi.

--

../..

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


"Umesh" <[email protected]> wrote in message
news:[email protected]...
    > Hello all experts ... need a little help here please.
    > After exhausting all 6yrs of H1B in US I am moving to Canada next week
    > on a work permit. I was planning to apply for permanent residence from
    > within Canada in hope of faster processing from there, but all my
    > hopes were dashed by this ominous statement in the work permit
    > approval letter from Canadian Consulate -"The Immigration and Refugee
    > Protection Act does not permit a temporary resident to seek permanent
    > residence from within Canada".
    > This just seems ridiculous to me. Isn't there any exemption for
    > skilled workers ? I feel stupid for not applying it while I was in US.
    > Now what are my options ? Do I need to apply it from India (my home
    > country) or can I still apply from US ?
    > Thanks in advance for your valuable advice.
    > -Umesh

Nelson

If you have a canadian work permit, i believe you can apply to Buffalo
USA consulate after 6 months of residence in canada, as you will be
considered living in Canada. This is how most skilled temporary
workers in Canada become canadian PR's.

Like most immigration documents, the wording is confusing but it
simply means you can't apply to an 'in-canada' processing centre. I
think only family-based applications are processed 'in canada'.


[email protected] (Umesh) wrote in message news:<[email protected]. com>...
    > Hello all experts ... need a little help here please.
    >
    > After exhausting all 6yrs of H1B in US I am moving to Canada next week
    > on a work permit. I was planning to apply for permanent residence from
    > within Canada in hope of faster processing from there, but all my
    > hopes were dashed by this ominous statement in the work permit
    > approval letter from Canadian Consulate -"The Immigration and Refugee
    > Protection Act does not permit a temporary resident to seek permanent
    > residence from within Canada".
    > This just seems ridiculous to me. Isn't there any exemption for
    > skilled workers ? I feel stupid for not applying it while I was in US.
    > Now what are my options ? Do I need to apply it from India (my home
    > country) or can I still apply from US ?
    >
    > Thanks in advance for your valuable advice.
    > -Umesh

Andrew Miller

There is no requirement for "6 months of residence in Canada" for
eligibility to apply through Buffalo. One must have been residing in Canada
(or in US) lawfully admitted to Canada (or US) for at least 12 months to be
eligible to apply through Buffalo. But it won't change the fact that one
will need US visa if interview is required. This is why it is safer for
Indian national to apply through New Delhi - processing time for someone
with work permit will be quite fast there compared to other applicants
without arranged employment.

--

../..

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


"nelson" <[email protected]> wrote in message
news:[email protected]...
    > If you have a canadian work permit, i believe you can apply to Buffalo
    > USA consulate after 6 months of residence in canada, as you will be
    > considered living in Canada. This is how most skilled temporary
    > workers in Canada become canadian PR's.
    > Like most immigration documents, the wording is confusing but it
    > simply means you can't apply to an 'in-canada' processing centre. I
    > think only family-based applications are processed 'in canada'.
    > [email protected] (Umesh) wrote in message
news:<[email protected]. com>...
    > > Hello all experts ... need a little help here please.
    > >
    > > After exhausting all 6yrs of H1B in US I am moving to Canada next week
    > > on a work permit. I was planning to apply for permanent residence from
    > > within Canada in hope of faster processing from there, but all my
    > > hopes were dashed by this ominous statement in the work permit
    > > approval letter from Canadian Consulate -"The Immigration and Refugee
    > > Protection Act does not permit a temporary resident to seek permanent
    > > residence from within Canada".
    > > This just seems ridiculous to me. Isn't there any exemption for
    > > skilled workers ? I feel stupid for not applying it while I was in US.
    > > Now what are my options ? Do I need to apply it from India (my home
    > > country) or can I still apply from US ?
    > >
    > > Thanks in advance for your valuable advice.
    > > -Umesh

Ravi Rao

In article <cQF6c.253473$Hy3.125924@edtnps89>, Andrew Miller wrote:

    > eligible to apply through Buffalo. But it won't change the fact that one
    > will need US visa if interview is required. This is why it is safer for
    > Indian national to apply through New Delhi - processing time for someone

It was my understanding that most indians with work permits in Canada
manage to get US visitor visas (B1/B2) without any problems. I am yet to come
across an exception, among the "desi" community in Montreal.

    > with work permit will be quite fast there compared to other applicants
    > without arranged employment.

Do you have a rough time fix for now?

thanks!

--ravi.

Andrew Miller

2 years or less in New Delhi with work permit or arranger employment
opinion.

--

../..

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



"Ravi Rao" <[email protected]> wrote in message
news:[email protected]...
    > In article <cQF6c.253473$Hy3.125924@edtnps89>, Andrew Miller wrote:
    > > eligible to apply through Buffalo. But it won't change the fact that one
    > > will need US visa if interview is required. This is why it is safer for
    > > Indian national to apply through New Delhi - processing time for someone
    > It was my understanding that most indians with work permits in Canada
    > manage to get US visitor visas (B1/B2) without any problems. I am yet to
come
    > across an exception, among the "desi" community in Montreal.
    > > with work permit will be quite fast there compared to other applicants
    > > without arranged employment.
    > Do you have a rough time fix for now?
    > thanks!
    > --ravi.

D Lawes

Actually I'm Canadian and I kind of like that rule. That way there may be
less abuse of the system.


"Umesh" <[email protected]> wrote in message
news:[email protected]...
    > Hello all experts ... need a little help here please.
    > After exhausting all 6yrs of H1B in US I am moving to Canada next week
    > on a work permit. I was planning to apply for permanent residence from
    > within Canada in hope of faster processing from there, but all my
    > hopes were dashed by this ominous statement in the work permit
    > approval letter from Canadian Consulate -"The Immigration and Refugee
    > Protection Act does not permit a temporary resident to seek permanent
    > residence from within Canada".
    > This just seems ridiculous to me. Isn't there any exemption for
    > skilled workers ? I feel stupid for not applying it while I was in US.
    > Now what are my options ? Do I need to apply it from India (my home
    > country) or can I still apply from US ?
    > Thanks in advance for your valuable advice.
    > -Umesh

Georsh

    > There is no requirement for "6 months of residence in Canada" for
    > eligibility to apply through Buffalo. One must have been residing in Canada
    > (or in US) lawfully admitted to Canada (or US) for at least 12 months to be
    > eligible to apply through Buffalo. But it won't change the fact that one
    > will need US visa if interview is required. This is why it is safer for
    > Indian national to apply through New Delhi - processing time for someone
    > with work permit will be quite fast there compared to other applicants
    > without arranged employment.

Hi,

I will be entering Canada in end April on a student VISA from the US,
where I currently have a work permit.

Could you please tell me whether it would be faster for me to submit
my PR application in Buffalo (in person), or in New Delhi (by mail) -
or is there no difference in processing times between Buffalo and New
Delhi, and submitting in person/mail?

Thanks!

Georsh