Can I postpone? Urgent expert response requested


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aseem_mal   
Member since: May 04
Posts: 108
Location: Perth, ON

Post ID: #PID Posted on: 05-07-04 13:10:40

Dear CD Experts:
I need a response to a very urgent question. This may look like a U.S. immigration question, but it is not. Please read through.
I am working in USA on a H1B visa. My company just recently got my visa renewed (including my wife's H-4 visa). But the visa stamp for me and my wife has expired. I want to get our passports stamped here in USA so that my wife can visit India and come back. I know that stamping can be done U.S. Embassy in India, but I don't want to take a chance. What if my wife gets stuck in India.
Meanwhile, my Canada PR case has progressed further. I am expecting my PR papers in a month's time. I will then have to send our passports.
My question is: When I get a request from CHC for our passports (hopefully within the next month or so), at that time can I postpone sending the passports? Does doing so complicate my case? Considering that the U.S. authorities take about 4 months to do the stamping, I won't have my passports with me at that time.
Note: U.S. authorities are discontinuing the stamping process within U.S. after July 16th, 2004. So, I need to make a quick decision, and hence the urgency for a quick response.
For your reference purposes, my case timeline is as follows:
Applied to CHC: Dec 2002
Application started by CHC: Feb 25, 2003
Interview Waiver received.
Medicals: Feb 20th, 2004
Received letter asking to pay RPR Fees: May 13, 2004.
Paid RPR Fees: June 8th, 2004.

Respected experts, I urge your timely advice.
Regards,
Aseem.



bighead   
Member since: Jun 04
Posts: 285
Location:

Post ID: #PID Posted on: 05-07-04 14:02:31

Quote:
Orginally posted by aseem_mal
Meanwhile, my Canada PR case has progressed further. I am expecting my PR papers in a month's time. I will then have to send our passports.
My question is: When I get a request from CHC for our passports (hopefully within the next month or so), at that time can I postpone sending the passports? Does doing so complicate my case? Considering that the U.S. authorities take about 4 months to do the stamping, I won't have my passports with me at that time.



when the passports are requested for visa issuance, there is a time limit set to submit them (usually 60 days) and caips is updated with a BFD (bring forward date) of the mailing date of the letter plus whatever time was given to submit the passport... once the passport arrives, the file automatically comes forward when it is matched up with the passport which triggers the issue of the visa...

if at the end of that time if the visa has still not been issued because the passports were not received, the application is considered abandoned and the file closed... you can potentially get the file reopened but its a lengthy process and not always a successful one...

best bet for you is (in my opinion anyway) if you dont need the visa stamp from the US to travel urgently, wait for your canadian pr visa to be issued, take some time off, land in canada and apply for the us visa from here... recent timelines for us visa (from calgary anyway) are about 8 weeks... some (very few) have gotten it in a week as well... luck of the draw...



aseem_mal   
Member since: May 04
Posts: 108
Location: Perth, ON

Post ID: #PID Posted on: 05-07-04 15:15:37

Thanks Bighead. However, based on my timeline mentioned above, what's the probable time period for the arrival of my visa papers?



bighead   
Member since: Jun 04
Posts: 285
Location:

Post ID: #PID Posted on: 05-07-04 15:37:01

Quote:
Orginally posted by aseem_mal

Thanks Bighead. However, based on my timeline mentioned above, what's the probable time period for the arrival of my visa papers?



depends on background checks... really no way to tell... but you seem very close to the end... based on what i am seeing with others and assuming that your case and your background is pretty much straight forward and that you are applying from buffalo, i would guess in the next few months... but again this is purely a guess...

usually, the letter to pay the ropr fee is one of the last step to be completed (but again, this is *NOT* official procedure - its what i see)... people who i advise on such matters who have gotten caips at this stage usually indicate background check has concluded (again *MY PERSONAL* view)...



Massood   
Member since: Dec 02
Posts: 1593
Location: Vancouver, BC, Canada

Post ID: #PID Posted on: 06-07-04 04:44:55

If it is highly likely that your passports won't reach CHC on time, you you should write to the embassy/consulate and inform them and ask for an extension to submit them. Keep a copy of the letter.

This will prevent the embassy from unilaterally deciding that the application is abandoned. If they do so, you'll have a very strong case on appeal.

Good luck!


-----------------------------------------------------------------
Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607




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