Kris

HI! I came to USA on H1B Visa in Jan-2001.Then on July-2001 I applied for Canada
Green Card. I took Experience letter from my Employer for 6 Months.But due to the
soft economy He was unable to find a Client for me.I have done Bachelors in Computer
Science from good University in India.Even my Spouse,He has done Bachelor in
Industrial Engg. from India. I have worked for 2 years in Computers in India.I have
attached that experience Letter too. Now last week I got Interview Viewer.I am
working with my Employer In In-House Project.I am not getting Paid for that.Its like
a voluntarily work.Now Canadian Consulate have asked me for the following Documents:

1. Medical
2. Updated FBI Report.
3. ROLF.
4. In Other: Pay Stub And W2 Statement.

I am planning to attach a Letter from my Employer stating that I was working Part
time as a Voluntary work.I am also attaching a cover letter that I was not Paid
therefore I dont have any W2 Statement.As u all probabaly know that there was no
tech. jobs becoz of soft economy and also I was lacking in USA Experience and
Education my Employer was unable to find a Client for me.What do u think would be
the consequences? Any suggestions and Help is Appreciated. Thanks for ur help.

Dan

First of all, Canada doesn't have any Green Card. Secondly, you should go back to
India and fight for your country. Last but not least, I bet you couldn't find an IT
job in Canada in at least 2 more years.

Dannie "I am lying, ain't I" ...eh

"kris" <[email protected]> wrote in message
news:[email protected]...
    > HI! I came to USA on H1B Visa in Jan-2001.Then on July-2001 I applied for Canada
    > Green Card. I took Experience letter from my Employer for 6 Months.But due to the
    > soft economy He was unable to find a Client for me.I have done Bachelors in
    > Computer Science from good University in India.Even my Spouse,He has done Bachelor
    > in Industrial Engg. from India. I have worked for 2 years in Computers in India.I
    > have attached that experience Letter too. Now last week I got Interview Viewer.I am
    > working with my Employer In In-House Project.I am not getting Paid for that.Its
    > like a voluntarily work.Now Canadian Consulate have asked me for the following
    > Documents:
    >
    > 1. Medical
    > 2. Updated FBI Report.
    > 3. ROLF.
    > 4. In Other: Pay Stub And W2 Statement.
    >
    > I am planning to attach a Letter from my Employer stating that I was working
    > Part time as a Voluntary work.I am also attaching a cover letter that I was not
    > Paid therefore I dont have any W2 Statement.As u all probabaly know that there
    > was no tech. jobs becoz of soft economy and also I was lacking in USA Experience
    > and Education my Employer was unable to find a Client for me.What do u think
    > would be the consequences? Any suggestions and Help is Appreciated. Thanks for
    > ur help.

Sn

this is bullshit....

"Dan" <[email protected]> wrote in message
news:[email protected]...
    > First of all, Canada doesn't have any Green Card. Secondly, you should go back to
    > India and fight for your country. Last but not least, I bet you couldn't find an IT
    > job in Canada in at
least
    > 2 more years.
    >
    > Dannie "I am lying, ain't I" ...eh
    >
    > "kris" <[email protected]> wrote in message
    > news:[email protected]...
    > > HI! I came to USA on H1B Visa in Jan-2001.Then on July-2001 I applied for Canada
    > > Green Card. I took Experience letter from my Employer for 6 Months.But due to the
    > > soft economy He was unable to find a Client for me.I have done Bachelors in
    > > Computer Science from good University in India.Even my Spouse,He has done
    > > Bachelor in Industrial Engg. from India. I have worked for 2 years in Computers
    > > in India.I have attached that experience Letter too. Now last week I got
    > > Interview Viewer.I am working with my Employer In In-House Project.I am not
    > > getting Paid for that.Its like a voluntarily work.Now Canadian Consulate have
    > > asked me for the following Documents:
    > >
    > > 1. Medical
    > > 2. Updated FBI Report.
    > > 3. ROLF.
    > > 4. In Other: Pay Stub And W2 Statement.
    > >
    > > I am planning to attach a Letter from my Employer stating that I was working
    > > Part time as a Voluntary work.I am also attaching a cover letter that I was
    > > not Paid therefore I dont have any W2 Statement.As u all probabaly know that
    > > there was no tech. jobs becoz of soft economy and also I was lacking in USA
    > > Experience and Education my Employer was unable to find a Client for me.What
    > > do u think would be the consequences? Any suggestions and Help is Appreciated.
    > > Thanks for ur help.

Stuart Brook

kris wrote:
    >
    > HI! I came to USA on H1B Visa in Jan-2001.Then on July-2001 I applied for Canada
    > Green Card.

You applied for Canadian PR ...

Now you find the US job market too soft... well guess what ... the Canadian job
market in IT is every bit as soft as the US.

    > I took Experience letter from my Employer for 6 Months.But due to the soft
    > economy He was unable to find a Client for me.I have done Bachelors in Computer
    > Science from good University in India.Even my Spouse,He has done Bachelor in
    > Industrial Engg. from India.

I am going to lay odds that you've actually been out of status in the USA if the
truth is told.

Canadian PR is NOT a fallback in case things don't work out in the USA. It is going
to take a long time to get, and every day you're in the US not working, you are
illegal. Chances are right now that if you leave the USA, you should be barred for 3
years if you haven't been working.

You are in deep shit.

You cannot work in the US on a "volunteer basis doing an in-house project".

You need to get out of the US before the year is up or face a 10 year bar. As it
is, you face 3 years. You won't get Canadian PR before your illegal year in the
USA is up.

You've cooked your goose through your lack of understanding of immigration laws and
believing your "employer".

Stuart

Sali

Hello Kris,

1) Canada has Permanent Residency, not a "Green Card".
2) "Soft Economy" ???
3) "Interview Viewer" ???

I do not claim to be an expert on the subject but as far as I know, H-1B visa is only
granted for Full Time Employment and not part-time work. Moreover, H-1B workers are
required to be adequately compensated in the form of remuneration which again should
be more than a minimum as set by the INS regulations.

So your plan to submit a cover letter regarding the above is at best a foolish one
for if this were true then you would be out of status in the US. Why on earth then
would you want to do something like that?

As far as the consequences -- your inability to furnish paystubs and W-2 Statement
and your idea of "Part-time and Voluntary Work" in the US could result in a call for
interview inspite of the fact that CIC has granted you a waiver. Guess you do not
have enough reasons to be happy about the Waiver.

I feel you ought to consult a good lawyer.

With best Wishes.

Sali

Kris

Hi Stuart and others, I really appreciate you guys taking time to respond to
my message.

I know the Canadian job market is as soft as USA. And trust me, I know friends who
have Masters in Computer Science from US and after 3 years of solid experience, are
having a hard time getting jobs. Also I recently met this guy, who holds a MBA from
Wharton and he is looking for job. He told me that half of his friends who graduated
with him in 2001 are not finding suitable job for their degree. I being on H1, and
lacking American experience and education, is having even more difficulty.

What I am really interested in and worried about is "What will be the consequences if
I send Canadian Immigration Office a letter from my employer saying that I did not
get paid and do not have a W2."

Do you think they will call me for an interview, reject my application or go ahead
with the interview waiver. I am hoping that they would cut any points they have given
me for 6 months experience.

I will be willing to pay for your expert comments and suggestions.

I would really appreciate and be grateful if people who are responding to this
message, offer constructive opinion and advice rather than picking on me.

As the Sioux Indians put it "O Great Spirit, keep me from ever judging and
criticizing a man until I have walked in his moccasins for two weeks."

Thank you OptimisticImmigrant


Stuart Brook <[email protected] > wrote in message
news:<[email protected] da.ca>...
    > kris wrote:
    > >
    > > HI! I came to USA on H1B Visa in Jan-2001.Then on July-2001 I applied for Canada
    > > Green Card.
    >
    > You applied for Canadian PR ...
    >
    > Now you find the US job market too soft... well guess what ... the Canadian job
    > market in IT is every bit as soft as the US.
    >
    > > I took Experience letter from my Employer for 6 Months.But due to the soft
    > > economy He was unable to find a Client for me.I have done Bachelors in
    > > Computer Science from good University in India.Even my Spouse,He has done
    > > Bachelor in Industrial Engg. from India.
    >
    > I am going to lay odds that you've actually been out of status in the USA if the
    > truth is told.
    >
    > Canadian PR is NOT a fallback in case things don't work out in the USA. It is going
    > to take a long time to get, and every day you're in the US not working, you are
    > illegal. Chances are right now that if you leave the USA, you should be barred for
    > 3 years if you haven't been working.
    >
    > You are in deep shit.
    >
    > You cannot work in the US on a "volunteer basis doing an in-house project".
    >
    > You need to get out of the US before the year is up or face a 10 year bar. As it
    > is, you face 3 years. You won't get Canadian PR before your illegal year in the
    > USA is up.
    >
    > You've cooked your goose through your lack of understanding of immigration laws and
    > believing your "employer".
    >
    > Stuart

Realistic

Good Reply Kris...

I think most of the self proclaimed experts, critics, whatever they call themselves fail to understand this most of the time. They are too smart( read unsensitive) I think to belong to this forum.

But I would certainly say that you are in a fix. I dont know I am right or wrong..but why tell those immi people you were unemployed...tell them u were in india...and being paid in india ..or u were in US and being paid by an indian company( for u experts wondering about this believe me..this is possible). Believe me I do not think they will double check that especially once they have issued you interview waiver. Just do some talk with immi lawyers here as well as in INDIA ( remember something can be done always)..you will surely get something.

None Noner

    > I know the Canadian job market is as soft as USA. And trust me, I know friends who
    > have Masters in Computer Science from US and after 3 years of solid experience, are
    > having a hard time getting jobs. Also I recently met this guy, who holds a MBA from
    > Wharton and he is looking for job. He told me that half of his friends who
    > graduated with him in 2001 are not finding suitable job for their degree. I being
    > on H1, and lacking American experience and education, is having even more
    > difficulty.

Even though the market is "soft" as you say, there are still oppurtunities out there.
Employers have just raised the bar on what they are willing to settle for, these days
are not like the days of ole where anyone who knew what Java was, even though that
person could not even converse in basic english was given a job and paid $90 an hour.
Markets everywhere are driven by need, and right now, the need is not as urgent as
say it was in approaching the year 2000 issue. The need exists, but employers are
looking for a lot lot more in people they interview than just one or two factors.

You have to decide what you are willing to settle for as well. What was a few years
ago is no more today. Some people have had to take reductions in pay to retain their
employment, and in a few cases have even had to do things they have never done
before. The reality of today is very different, and you have to have the integrity to
survive through this.

    > What I am really interested in and worried about is "What will be the consequences
    > if I send Canadian Immigration Office a letter from my employer saying that I did
    > not get paid and do not have a W2."

Read Stuart's response. If you hold a H1-B visa in the US and are not getting paid,
then you are out of status, in effect an illegal.

    > Do you think they will call me for an interview, reject my application or go ahead
    > with the interview waiver. I am hoping that they would cut any points they have
    > given me for 6 months experience.

The waiver you got would likely have been on a points assessmernt of your profile,
including experience. If you tell them that you are unable to provide them with their
requested documentary evidence, in all likelihood, your waiver may be cancelled, and
you may be called for an interview where you may be asked to explain why your
application should go forward. In effect, if you had said you did have the
experience, but are unable to prove you were gainfully employed, you woyuld have
misrepresented yourself.

    > I will be willing to pay for your expert comments and suggestions.

I suggest you retain an experienced immigration lawyer, you case is definately not a
straightforward one.

--
Posted via Mailgate.ORG Server - http://www.Mailgate.ORG

SALI

Realistic's suggestion may turn out to be very unrealistic in the long run considering the fact that any falsified statements or documents submitted to the CIC may result in a revocation of Canadian PR status or even citizenship at any point of time if the truth comes to the notice of the authorities.

So it is not a question of being "too smart" or dumb, Mr. Realistic. Even if you are the only guy on the Forum who is not "un(in)sensitive" about Kris, please do not offer advice that may land her in deeper shit than that she already is in.

Coming back to Kris's query : If you are not able to furnish documents requested for by CIC, you would have to give them a suitable explaination as to why and if not satisfied then the visa officer assessing your case may call you for an interview. Please do not be under the impression that this could never happen after a waiver. If you actually have not been getting paid in the US on H-1B then you are in most probability out of status. As rightly suggested by Stuart do not do anything that should increase your penalty in US and in Canada both.

FYI, if you do not have a W2 statement and paystubs for your employment on H-1B then no amount of letters from your employer could prove your employment. Period.
Be prepared to provide very good reasons and explainations for your current situation to CIC, like it or not.

Stuart Brook

    > > I will be willing to pay for your expert comments and suggestions.
    >
    > I suggest you retain an experienced immigration lawyer, you case is definately not
    > a straightforward one.

It would be potentially highly unethical and possibly illegal to give you legal
opinion. Contact a lawyer ...

While you are concerned about your Canadian situation, I am far more concerned about
your US situation in that you are facing all manner of problems if you stay ... the
day you leave the US, you are gone for a LONG time.

That you are out of status in the US wrt your Canadian interview is not particularly
significant/

None Noner

    > But I would certainly say that you are in a fix. I dont know I am right or
    > wrong..but why tell those immi people you were unemployed...tell them u were in
    > india...and being paid in india ..or u were in US and being paid by an indian
    > company( for u experts wondering about this believe
    > me..this is possible). Believe me I do not think they will double check that
    > especially once they have issued you interview waiver. Just do some talk with
    > immi lawyers here as well as in INDIA ( remember something can be done
    > always)..you will surely get something.

Very hunky dory, and highly illegal. It is an offence to misrepresent yourself to an
immigration inquiry, or on an application form that becomes legally binding and
protected once it is signed.

As for your first scneario, then I believe this person has already stated in the
application that he/she is in the US on a H1-B.

For the second, even if you are being paid on a different country other than the
country that you reside it, you still have to declare your overseas income at the
time of filing a return. As with teh immigrant process, it is an offence to
misrepresent an income tax return.

--
Posted via Mailgate.ORG Server - http://www.Mailgate.ORG

Anonymous

On 15 Jun 2002 19:29:03 -0700, [email protected] (Sali) wrote:

    >Hello Kris,
    >
    >1) Canada has Permanent Residency, not a "Green Card".
    >2) "Soft Economy" ???
    >3) "Interview Viewer" ???
    >
    >I do not claim to be an expert on the subject but as far as I know, H-1B visa is
    >only granted for Full Time Employment and not part-time work. Moreover, H-1B workers
    >are required to be adequately compensated in the form of remuneration which again
    >should be more than a minimum as set by the INS regulations.
    >
    >So your plan to submit a cover letter regarding the above is at best a foolish one
    >for if this were true then you would be out of status in the US. Why on earth then
    >would you want to do something like that?
    >
    >As far as the consequences -- your inability to furnish paystubs and W-2 Statement
    >and your idea of "Part-time and Voluntary Work" in the US could result in a call for
    >interview inspite of the fact that CIC has granted you a waiver. Guess you do not
    >have enough reasons to be happy about the Waiver.
    >
    >I feel you ought to consult a good lawyer.
    >
    >With best Wishes.
    >
    >Sali

Out of status in roc-66-24-123-44.rochester.rr.com

Your out of status so go home

Jillion

it's better to send them whatever they want, even if u have to fake it. i don't think
it's that hard to fake a w2/pay stub. in the worst case, they find out about it and
reject ur case. yeah, it's illegal, rite! so what?! jail time? hell no!

[email protected] (kris) wrote in message
news:<[email protected]. com>...
    > Hi Stuart and others, I really appreciate you guys taking time to respond to my
    > message.
    >
    > I know the Canadian job market is as soft as USA. And trust me, I know friends who
    > have Masters in Computer Science from US and after 3 years of solid experience, are
    > having a hard time getting jobs. Also I recently met this guy, who holds a MBA from
    > Wharton and he is looking for job. He told me that half of his friends who
    > graduated with him in 2001 are not finding suitable job for their degree. I being
    > on H1, and lacking American experience and education, is having even more
    > difficulty.
    >
    > What I am really interested in and worried about is "What will be the consequences
    > if I send Canadian Immigration Office a letter from my employer saying that I did
    > not get paid and do not have a W2."
    >
    > Do you think they will call me for an interview, reject my application or go ahead
    > with the interview waiver. I am hoping that they would cut any points they have
    > given me for 6 months experience.
    >
    > I will be willing to pay for your expert comments and suggestions.
    >
    > I would really appreciate and be grateful if people who are responding to this
    > message, offer constructive opinion and advice rather than picking on me.
    >
    > As the Sioux Indians put it "O Great Spirit, keep me from ever judging and
    > criticizing a man until I have walked in his moccasins for two weeks."
    >
    > Thank you OptimisticImmigrant