Can Indian citizen apply for Canadian Immigration from USA

[bodyguard]

Hi,

I am an Indian citizen and presently residing/working in India. I have applied for H1-B, and hope to go to USA in December'06.

I am interested in applying for immigration for Canada under Skilled Workers class. I have got 75 points, received IELTS results, and have prepared all the other papers which are required for the immigration.

But, I found that if I apply from India, then it takes around 5 years for the PR to come!! On the other hand, if I go to USA in December'06, and could apply from Buffalo (NY, USA), then it would just take 1.5 yrs to come.

1. Please advice if I could do like this?
2. Is there any minimum amount of time that I should be in USA before I can apply for Canadian immigration from USA?
3. Except for the documents that I need for applying from India, do I need any other documents that I should have if I apply form USA?
4. Can I submit my documents which were notarized from India into Canadian immigration office in USA?

Thanks in advance for writing in!

[jes2jes]

For a simple answer you could apply from anywhere really so long as you have legal residency status in the country of residence at the time of application you would be fine.
Just make sure you meet the application criteria. I know that it takes a long time for the process in India than the US but I guess you can apply now and receive your AOR whilst in India and when you get to the US apply for a file transfer to New York. I am saying this because suppose in the next couple of months the qualifying criteria changes and you do not meet that say 80 points to qualify. By applying earlier your application would be judged with the conditions which was prevailing when you applied.
Answers:
1. I don't know of minimum time to apply what I know is that according to CIC you should meet the residency condition which you would if you are on H1B
2. The documents in India would be the same for the US
3. You can submit the notorised docs from Indian in the US since you would not have any docs when you arrive in the US anyway.

Good luck and I stand corrected but I believe I am right.

[rely]

For a simple answer you could apply from anywhere really so long as you have legal residency status in the country of residence at the time of application you would be fine.
Just make sure you meet the application criteria. I know that it takes a long time for the process in India than the US but I guess you can apply now and receive your AOR whilst in India and when you get to the US apply for a file transfer to New York. I am saying this because suppose in the next couple of months the qualifying criteria changes and you do not meet that say 80 points to qualify. By applying earlier your application would be judged with the conditions which was prevailing when you applied.
Answers:
1. I don't know of minimum time to apply what I know is that according to CIC you should meet the residency condition which you would if you are on H1B
2. The documents in India would be the same for the US
3. You can submit the notorised docs from Indian in the US since you would not have any docs when you arrive in the US anyway.

Good luck and I stand corrected but I believe I am right.

My suggestion.

You file from India now.Meanwhile if you get H-1 then you go to US join your work and then ask for file transfer.

Straightway you cant file from US ie immediately after landing.You should be staying in US legally at least for a year before filing from US.And you should be staying in US ,legally,if and when you are called for interview.Please note if you cant attend this interview for any reason whatsoever then again file transfer will not be done.Its visa officers prerogative.

Also please note that pass marks are floating.Today it is 67.It can change overnight.It can be 80 or 64.If you do not meet this requirement at the time of selection review then you will be refused.

Points will not be considered at the time you apply.

rely

[jes2jes]

Rely,
Thanks for your reply to this thread. Can you post where you found the residency condition on CIC's website which says a person needs to live in the country at least one year before applying. This would help would - be new applicants. I have always known that the condition is to be legally resident in the country of your application and your resident permit or visa should not be less than 6 months in status before applying.
Awaiting your post

[rely]

Rely,
Thanks for your reply to this thread. Can you post where you found the residency condition on CIC's website which says a person needs to live in the country at least one year before applying. This would help would - be new applicants. I have always known that the condition is to be legally resident in the country of your application and your resident permit or visa should not be less than 6 months in status before applying.
Awaiting your post

Read OP manuals.
rely

[bodyguard]

Hi !

Thanks a lot for your replies! There is some confusion though:
1. I read somewhere in this site that if you do a file transfer, then your application goes to bottom of the queue in that country. It is similar to applying in the country for the first time.

2. I could not find anywhere where it mentions that you should stay in US for 1 yr before you can apply. The condition is that you should hold a visa which is valid for >= 1 year.

3. One friend of mine has gone to Canada on 1.5 yrs work permit last month. He is preparing his application and applying from Canada itself this month. When he can apply, then I think I should also be able to apply without having to stay for 1 yr..

I agree that points may increase in future, but I am not keen in waiting for 5-7 yrs for the immigration..

Thanks!!

[rely]

Hi !

Thanks a lot for your replies! There is some confusion though:
1. I read somewhere in this site that if you do a file transfer, then your application goes to bottom of the queue in that country. It is similar to applying in the country for the first time.

2. I could not find anywhere where it mentions that you should stay in US for 1 yr before you can apply. The condition is that you should hold a visa which is valid for >= 1 year.

3. One friend of mine has gone to Canada on 1.5 yrs work permit last month. He is preparing his application and applying from Canada itself this month. When he can apply, then I think I should also be able to apply without having to stay for 1 yr..

I agree that points may increase in future, but I am not keen in waiting for 5-7 yrs for the immigration..

Thanks!!

Well your friend is thinking of applying , "within Canada", after landing within a year.He is just thinking.He has not yet applied.Let him apply then you see response from CIC.
wish him good luck.

rely

[NG]

Well your friend is thinking of applying , "within Canada", after landing within a year.He is just thinking.He has not yet applied.Let him apply then you see response from CIC.
wish him good luck.

----------------------------------------
I am in Canada for last 10 months. My work permit is valid until the end of this year (and it will be extended for minimum 1 year). I sent my PR application to Buffalo last week. I am wondering if I should have waited for a couple of months and whether I am even eligible to apply from within Canada and whether Buffalo is a right processing center for me.

Lets see what CIC has to say.

How long it would be before I get a response from them? If they open my application after a couple of months then I will be eligible under 'one year condition'

Plese share your opinions and comments.
Thanks,
-Nitin

[Kayalami]

1. You must apply only for PR at a Canadian Immigration Processing Centre serving/ having jurisdiction in a country of which you are a national or legal long term residenct. IIRC the IRPA and associated regulations deem said residence to that of an admission of at least 12 months. So if you are admitted to Canada or the US say as a student on a 2 year course can apply for PR through Buffalo. CIC indicates cases at buffallo currently take from 19 - 44 months to process. Woe if you are called for interview when the latter timeline will apply.

2. AFAIK files are no longer transferred. A request to change processing posts would result in it being closed and you would have to resubmit at the new/ different visa centre subject to 1. This is often an issue where an applicant returns to their home country then is called for an interview at the visa office but needs a visa for the country there e.g. you return to India before your case is finalised and the Canadian consulate say in New York call you for interview. You need to get a US Visa and the Canadians don't have anything to do with this. Its your problem. If you can't get a US visa then no interview and case can't be finalised = file closed.


good luck

[NG]

Thanks for the reply. I will be in Canada for a couple of years (my workmit is extended accordingly) and I am hoping that I should be able to acquire US tourist visa as I was there for several years on different visas.

I know some people who got their PRs within 14 months from Buffalo in recent past (four months ago)...looks like number of applicants have incresed since then.