Application returned back

[black haired guy]

Hello,
I'm a newbie here and just wanted to share my experience. I sent in my application on Nov 6th and my application was reviewed by CIC officer on Nov 16 and it was sent back on Nov 26th for two reasons. The first reason being not enough proof for my language proficiency in English and asking me to take a language test (although i had written a letter about my experience and usage of English and substantiating my claim with enough documents). The other reason being not enough evidence that i have been lawfully admitted in US for a period of at least a year (though i had sent in copies of passport and visa which clearly shows how long i have been living in US) and asking me to provide proof of lawful admission such as current or expired entry/exit stamps in passport( which i had sent), I-94 and/or I-797 H1B status (was highlighted).

I'm not sure what to do now as i find myself not in the NOC list anymore. Should i re-submit my application with the English test results and copy of my I-797 document or should i wait and watch and in the meanwhile get an AEO from some Canadian company before i apply. Please advice. Thanks.

 

[cchabert]

In my personal opinion:

If they return you application for those 2 reasons, and asking you for IELTS your case is still alive, do the test and resend your US forms with a letter explaining everything.

In the mean time start looking for the AEO

 

[PMM]

Hi

In my personal opinion:

If they return you application for those 2 reasons, and asking you for IELTS your case is still alive, do the test and resend your US forms with a letter explaining everything.

In the mean time start looking for the AEO

Also they want proof of your ORIGINAL admission for 1 year, not the extensions.

PMM

 

[black haired guy]

Hi

In my personal opinion:

If they return you application for those 2 reasons, and asking you for IELTS your case is still alive, do the test and resend your US forms with a letter explaining everything.

In the mean time start looking for the AEO

Also they want proof of your ORIGINAL admission for 1 year, not the extensions.

PMM

Thanks for the quick replies. What exactly is "original" admission? I came here on a student visa 8 years ago and that visa was canceled without prejudice when i went for my new H1B (work visa) stamping. So should i send a copy of my student visa (which has the admission time period) which is not valid anymore?

 

[black haired guy]

Can you say what country you are from? They ask many (if not most) people to do the IELTS. It may depend on where you are from.

I'm from India.

 

[unik]

I believe that is the proof that they are looking for.

 

[NewYorker]

You need to prove that you have a 1 Year legal stay in the US when you came here whatever time. You need to provide proofs that you stayed here for a year or more legally - only then you will be eligible to apply from USA. This is why they have returned your application, not because of IELTS tests.

 

[joecreosta]

dude what are you talking about man? you speeek really good english i mean VERY VERY good

 

[sonea]

what type of application was yours how come you submitted documents with your application? was it regular or simplified ..... your case is really confusing.. r you talking about NOV 2008....?

 

[black haired guy]

what type of application was yours how come you submitted documents with your application? was it regular or simplified ..... your case is really confusing.. r you talking about NOV 2008....?

Regular and yes i'm talking about Nov 2008. What is so confusing about that? Anyone applying from Buffalo has to go through the regular processing not simplified.

[quote author=NewYorker]
You need to prove that you have a 1 Year legal stay in the US when you came here whatever time. You need to provide proofs that you stayed here for a year or more legally - only then you will be eligible to apply from USA. This is why they have returned your application, not because of IELTS tests.
[/quote]
They have clearly mentioned that i have to take the test.

dude what are you talking about man? you speeek really good english i mean VERY VERY good

Thanks Joe..Wish you were that CIC officer who reviewed my application ha ha

 

[NewYorker]

Yes you need to take the test, but they don't return application for the test only, they ask you to take test and they'll keep your application until you provide the scores you are claiming, if you don't provide within the timeline, your app will be rejected.

To apply from the US, you need to prove that you were here legally for one year, if you can, you need to re-submit your application and go in the back of the line, at that point, any new rules will also be applicable to your new app.

 

[black haired guy]

Yes you need to take the test, but they don't return application for the test only, they ask you to take test and they'll keep your application until you provide the scores you are claiming, if you don't provide within the timeline, your app will be rejected.

To apply from the US, you need to prove that you were here legally for one year, if you can, you need to re-submit your application and go in the back of the line, at that point, any new rules will also be applicable to your new app.

OK gotcha, thats the reason they returned my application back eh. What kind of documents are they looking for particularly that can prove that i was here legally for one year. I had initially sent copies of passport and visa which has the date when i entered USA. Seems like the guy is either blind or poor at math.

 

[NewYorker]

OK, visa copies are not enough, the reason is for example your visa says 5 years entry, but actually it don't prove that you lived for 5 years.

You need I-94's which clearly have dates on them, that is the proof of your legal stay not your visa. I do not know all the other documents you could provide, but you can always check with CIC.

 

[black haired guy]

My passport copies that i had sent has the entry/exit date stampings. Anyways thanks for the information. Appreciate all replies and feedbacks.

 

[NewYorker]

My passport copies that i had sent has the entry/exit date stampings. Anyways thanks for the information. Appreciate all replies and feedbacks.

Then you must have the I-94 also? Look, the visa copies and entry exit stamp is not enough. Give them what they want, also before looking into all of this, you need to ensure your NOC is included in the new list.