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Staying illegally in US during time of waiting for passport request

Staying illegally in US during time of waiting for passport request

Old Jun 10th 2004, 12:50 pm
  #1  
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Default Staying illegally in US during time of waiting for passport request

Hi Friends,

I recently applied to canada immigration.I guess that i may get my AOR by next month.

Presently i am in US on H1(can stay upto may-2006),i hope that By next year MAY i may get my initial assessment.expecting like i will send my medicals in september-2005,i have to wait another 1 or 1.5 years to get passport request(like upto Jan-2007).

As I said above i can stay in US only upto MAY-2006.If before this date i will not get passport request.... staying in USA illegally upto getting passport request will create any problem for my PR application?

I know if i move back to INDIA...i have to tranfer my file to INDIA...it may delay the whole process.

DO I NEED TO REQUEST FOR TRANSFER MY FILE TO INDIA IF I MOVE TO INDIA.

Appreciate your help,

Thanks,
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Old Jun 10th 2004, 3:15 pm
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Default Re: Staying illegally in US during time of waiting for passport request

Hi Desi


Originally posted by Desi_girl
Hi Friends,

I recently applied to canada immigration.I guess that i may get my AOR by next month.

Presently i am in US on H1(can stay upto may-2006),i hope that By next year MAY i may get my initial assessment.expecting like i will send my medicals in september-2005,i have to wait another 1 or 1.5 years to get passport request(like upto Jan-2007).

As I said above i can stay in US only upto MAY-2006.If before this date i will not get passport request.... staying in USA illegally upto getting passport request will create any problem for my PR application?

I know if i move back to INDIA...i have to tranfer my file to INDIA...it may delay the whole process.

DO I NEED TO REQUEST FOR TRANSFER MY FILE TO INDIA IF I MOVE TO INDIA.

Appreciate your help,

Thanks,
If you remain illegally in the US it will most likely cause problems with your application. According to the Buffalo Web Site, CIC no longer transfers files. So if you can't return to US for interview if needed, then you will have to withdraw your application and apply in New Delhi.

PMM
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Old Jun 10th 2004, 4:15 pm
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Default Re: Staying illegally in US during time of waiting for passport request

Thanks PMM

But do you think that with in my US time limit(Sep'2004(expecting AOR date) to May'2006)........1 year 8 months....am i not going to get my initial assessment,interview required/waived,medicals & PPC requests from CIC.After the initial assessment if everything is OK...then they may ask for medicals & PPC's,once i sent all these documents.....do you expect a interview?...once passport request arised do i need stay in US.Don't you feel that these 20 months period is not enough.

Upto what stage i have to saty in US?

Please tell me the way how can i avoid the situation like applying again at INDIA...i mean how is it possible to continue my application in US(if it is not came to final decision with in my 6 years H1 period)....can i go to canada and stay there on visiting visa...will this allow me to continue my application in US?

If some thing happens negetively(suppose if i want to apply from INDIA)...then do CIC refund my ROLF amount?

Thanks

_______________________________________________

If you remain illegally in the US it will most likely cause problems with your application. According to the Buffalo Web Site, CIC no longer transfers files. So if you can't return to US for interview if needed, then you will have to withdraw your application and apply in New Delhi.

PMM [/QUOTE]
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Old Jun 10th 2004, 5:16 pm
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Default Re: Staying illegally in US during time of waiting for passport request

All cases are different and therefore have different timeline. To predict that you will get PR within two years is difficult. But if everything goes fine then I guess you should be lucky to get in that time frame. There are few people who have got PR within less than 24 months and they are from India.

Originally posted by Desi_girl
Thanks PMM

But do you think that with in my US time limit(Sep'2004(expecting AOR date) to May'2006)........1 year 8 months....am i not going to get my initial assessment,interview required/waived,medicals & PPC requests from CIC.After the initial assessment if everything is OK...then they may ask for medicals & PPC's,once i sent all these documents.....do you expect a interview?...once passport request arised do i need stay in US.Don't you feel that these 20 months period is not enough.

Upto what stage i have to saty in US?

Please tell me the way how can i avoid the situation like applying again at INDIA...i mean how is it possible to continue my application in US(if it is not came to final decision with in my 6 years H1 period)....can i go to canada and stay there on visiting visa...will this allow me to continue my application in US?

If some thing happens negetively(suppose if i want to apply from INDIA)...then do CIC refund my ROLF amount?

Thanks

_______________________________________________

If you remain illegally in the US it will most likely cause problems with your application. According to the Buffalo Web Site, CIC no longer transfers files. So if you can't return to US for interview if needed, then you will have to withdraw your application and apply in New Delhi.

PMM
[/QUOTE]
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Old Jun 10th 2004, 5:18 pm
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Default Re: Staying illegally in US during time of waiting for passport request

PMM and all Friends,Please give your opinions and suggestions on my questions.

Please.........

Thanks
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Old Jun 10th 2004, 5:36 pm
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Default Re: Staying illegally in US during time of waiting for passport request

I think in two years time (if all is not so good) your medical should be completed and could be waiting for passport request. This is the time that you need not apply again when you go back to India. But there is one problem that you will have to send your passport(not via mail as its illegal to send passport via mail in India) through a friend to get the stamping done at buffalo and then someone should bring it back.
Desi girl the situation that you will fall two years latere i am in the same situation. I have only time till oct 2004 here is usa. I applied in feb 2002. I am now waiting for PP request. Sent a fax to buffalo and they said it would take 9 months and onwards. So, I have thought of all this what you are thinking today?
Originally posted by Desi_girl
PMM and all Friends,Please give your opinions and suggestions on my questions.

Please.........

Thanks
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Old Jun 11th 2004, 3:16 am
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Default Re: Staying illegally in US during time of waiting for passport request

Originally posted by Desi_girl
PMM and all Friends,Please give your opinions and suggestions on my questions.

Please.........

Thanks
Desi girl, to stay legally in the US, you can change your status from H1 to something else, like F1 for example. If you have a bachelors degree, apply for masters, if you have a masters, apply for second masters.
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Old Jun 11th 2004, 3:25 am
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Default Re: Staying illegally in US during time of waiting for passport request

Desi girl,

I got my passport request about 3 months after medicals were done. Don't worry now, you still have plenty of time until your H1B expires.

Originally posted by Desi_girl
Hi Friends,

I recently applied to canada immigration.I guess that i may get my AOR by next month.

Presently i am in US on H1(can stay upto may-2006),i hope that By next year MAY i may get my initial assessment.expecting like i will send my medicals in september-2005,i have to wait another 1 or 1.5 years to get passport request(like upto Jan-2007).

As I said above i can stay in US only upto MAY-2006.If before this date i will not get passport request.... staying in USA illegally upto getting passport request will create any problem for my PR application?

I know if i move back to INDIA...i have to tranfer my file to INDIA...it may delay the whole process.

DO I NEED TO REQUEST FOR TRANSFER MY FILE TO INDIA IF I MOVE TO INDIA.

Appreciate your help,

Thanks,
Boston is offline  
Old Jun 11th 2004, 8:10 am
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Default Re: Staying illegally in US during time of waiting for passport request

Desi Girl,

Maybe it might be easier if you can apply for a visiting visa here in Canada and stay with your relative if you have. That will be good for 6 months which could also be extended. Or maybe you could apply for a part time job while waiting. You just have to send a fax to Bufallo to change your address. In this way you don`t need to transfer your papers which could cause you great delay.




Originally posted by Boston
Desi girl,

I got my passport request about 3 months after medicals were done. Don't worry now, you still have plenty of time until your H1B expires.
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Old Nov 12th 2004, 3:46 am
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Default Re: Staying illegally in US during time of waiting for passport request

Desi Girl,

You will become ILLEGAL the day you you lose your job, not on the date of H1 expiry. The DHS gives you about 2 weeks to leave the country before the A-holes show up at your door step to deport you. I have spoken to 2 US lawyers cause I am in the same boat as you and based on what they told me, if you are fairly confident that you will have your job and your H1 WILL be renewed then apply from the States. In any case, if you can hold your job till May 2006 I am pretty sure your Canadian PR will be complete by then. I would go for it!

Take Care!
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Old Nov 12th 2004, 4:26 am
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Default Re: Staying illegally in US during time of waiting for passport request

Desi gal,

I am planning to apply for the PR under skilled worker category. I am on H1B here in USA. Can you please let me know
1) If you have sent the FBI clearance with your application?
2) Indian Police clearance with application. Looks like we need to send both of these upfront to the Buffalo office along with application.
3) Did you take a IELTS or wrote a letter explaining your english language proficieny?

It would be helpful as you have applied recently and are in the same boat like me. My H1B expires in Oct 2006. I am not sure of the timeline either.

Thanks,
a..z
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Old Nov 12th 2004, 5:32 am
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Default Re: Staying illegally in US during time of waiting for passport request

Hi,
Yes you have to send them upfront. I applied in 2002 and still no reply after the medicals expired in sept, 2004. My H1 is also going to expire in 2006.

As far as timeline is concerned it depends on case to case. You cannot compare your case with that of others. I had a simple case and have not received any further information from the immigration till date.

good luck
goodgal

Originally Posted by a2z
Desi gal,

I am planning to apply for the PR under skilled worker category. I am on H1B here in USA. Can you please let me know
1) If you have sent the FBI clearance with your application?
2) Indian Police clearance with application. Looks like we need to send both of these upfront to the Buffalo office along with application.
3) Did you take a IELTS or wrote a letter explaining your english language proficieny?

It would be helpful as you have applied recently and are in the same boat like me. My H1B expires in Oct 2006. I am not sure of the timeline either.

Thanks,
a..z
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Old Nov 12th 2004, 5:43 am
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Default Re: Staying illegally in US during time of waiting for passport request

Goodgal,

You've gotta be kidding me? Over a year and no decision....there has to be something wrong. Did you try contacting them?

Originally Posted by goodgal
Hi,
Yes you have to send them upfront. I applied in 2002 and still no reply after the medicals expired in sept, 2004. My H1 is also going to expire in 2006.

As far as timeline is concerned it depends on case to case. You cannot compare your case with that of others. I had a simple case and have not received any further information from the immigration till date.

good luck
goodgal
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Old Nov 12th 2004, 7:36 am
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Default Re: Staying illegally in US during time of waiting for passport request

Desi,
I am from India too and I applied last June got my interview waiver may 2004. I had 3 months to send PCC and medicals I took 5 months . Got Passport request Nov 15.
I was in similar situation as you when i was applying did some research at the time here is what i think, after initial assesement and request for additional documents you can give frieds address and go back to india but once you get Passport request you will have 30 days to find some one to carry your Passport frm india to Us and post it to Buffalo(I think you cannot post your passport internationally)
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Old Nov 12th 2004, 12:07 pm
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Default Re: Staying illegally in US during time of waiting for passport request

Hi Guys,

Just wanted to share the experience of my room mate who was in a similar situation:

My friend had interview in LA in Dec 2002. After clearing interview he got medical done and then started waiting for passport request. His visa in US expired in June 2003 but he did not get passport request so he returned to India. In August 2003 his passport request came so he sent his passport from India to LA and got the visa. He had applied through a consultant and they arranged for his passport to be sent to LA and then back to him in India.

So it is possible to get it done. But if someone gets a call for an interview after going back to India then it will be a problem.
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