Cannot meet residency obligation

[dingo1982]

Here's my case:

Moved to Canada in Jun 2003. My family had been there since Jan 2002.
I worked there for a year, did not like the job and could not find a job as an electrical engineer.
So, I applied to grad school both in Canada and US. 5 admits with full funding in the US and none in Canada.
I decide to go to grad school in the US in August 2004. I graduate in May 2006.
I looked for jobs in the field of electrical engineering, none in Canada, 2 in the US and this is after a 4.0/4.0 GPA
Now work in the silicon valley (San Jose, CA) and my PR card expired last year for not meeting PR residency. I could only manage ~500 days in 5 yrs.
I appealed for humanitarian consideration as my family lives there which got turned down.

What are my options now?
Considering I'm 27, with a nice job in the US but I'm on an H1B which means I lose my job I have to leave US and I'll have no where to go as I have no family in my native country of India and my family lives in Canada (they are all Canadian citizens), they own a house for which I make payments too.

Any suggestions would be appreciated. Thanks!

 

[dingo1982]

Oh and they just turned down my travel document today so now I cannot go home for Xmas. They want me to give up my right to appeal if I apply for a visitor VISA.

 

[rupeshhari]

No expert here.

Are you married to a Canadian citizen. If yes, then you could get PR based on that.
If no, you may have to apply for Canadian PR from scratch. If that is the case, you have to make some choices. I guess if you get your PR and then get GC, you could always just stay here until you get citizenship or you could move to Canada if you don't get GC. But at least you should get your GC in the next couple of years right?

 

[dingo1982]

US green card may take more than 3 more years

 

[rupeshhari]

So apply for PR now, land in a year and a half's time and then you have three more years to move to Canada if you want.

 

[Leon]

It doesn't sound like you are going to get anywhere with your PR appeals so you might as well give it up, take the visit visa and go visit your family. That doesn't stop you from applying from scratch though. You can see if you qualify to apply as a skilled worker or if any of your family is living in a province with a PNP family stream, they might be able to sponsor you.

 

[Karlshammar]

Alberta also has a special provincial program for U.S. H-visa holders that you might want to look into.

 

[commonwealth]

Dingo1982- You might wana look at work permit option as well, considering your US experience/education; chances are that you will be able to find an employer who is willing to sponsor your WP. I don't know which stage of GC process your case it but once you get your labor approved, you can file 140/485 and get EAD in few weeks. If your long terms plans are to stay in Canada then don't worry about H1b and make a move.

 

[dingo1982]

It doesn't sound like you are going to get anywhere with your PR appeals so you might as well give it up, take the visit visa and go visit your family. That doesn't stop you from applying from scratch though. You can see if you qualify to apply as a skilled worker or if any of your family is living in a province with a PNP family stream, they might be able to sponsor you.

I was going to do that but decided against it as people advised me against it saying that I may be able to appeal and overturn the decision. How long does it take to apply from scratch and get the PR card with person with my profile.

 

[dingo1982]

Alberta also has a special provincial program for U.S. H-visa holders that you might want to look into.

I'll need the PR card in case I lose my job i.e. no more H1B visa

 

[dingo1982]

Dingo1982- You might wana look at work permit option as well, considering your US experience/education; chances are that you will be able to find an employer who is willing to sponsor your WP. I don't know which stage of GC process your case it but once you get your labor approved, you can file 140/485 and get EAD in few weeks. If your long terms plans are to stay in Canada then don't worry about H1b and make a move.

Green Card may take 3+ yrs...how long does it take to get the work permit...is it immediate...also I'm not too hopeful of finding a job in my area of expertise too easily anywhere

 

[Leon]

I was going to do that but decided against it as people advised me against it saying that I may be able to appeal and overturn the decision. How long does it take to apply from scratch and get the PR card with person with my profile.

Are you qualified to apply as a skilled worker? Is your occupation on the 38 wish list? If not, you would need a job offer. If you have a job offer, you can also use that to apply through PNP. I don't think you can count on getting through in less time than say a year, might happen but no guarantees. If you have a job offer, you could also use it to apply for a work permit though and that would be faster.

If your family lives in a province where the PNP has a family stream and they would want to sponsor you through that, those applications generally take longer, maybe 18 months to 2 years.

Yes, you can keep appealing for your PR but it might not come to anything. Do you have a lawyer on your case? It seems to me and I am sure it seems to immigration as well that you really have no plans to move to Canada even though your family is there. You just want a PR to keep in your back pocket in case you lose your job in the US and even if they gave you your PR back, you would probably lose it again in 3 years time because of residency requirements. It probably seems to them that you are just wasting their time.

 

[dingo1982]

Hi Leon,

To answer your questions:

Are you qualified to apply as a skilled worker? NO, assuming this is the list you are talking about:

Is your occupation on the 38 wish list? NO

My family lives in TO and I cannot afford to wait 18-24 months for them to sponsor me

Do you have a lawyer on your case? No, but I'm planning to get one

Regarding your last comment:

It seems to me and I am sure it seems to immigration as well that you really have no plans to move to Canada even though your family is there. You just want a PR to keep in your back pocket in case you lose your job in the US and even if they gave you your PR back, you would probably lose it again in 3 years time because of residency requirements. It probably seems to them that you are just wasting their time.

There are three scenarios in which I'd move to Canada:
1. I lose my job in the US and cannot find a job soon enough. I would like the option to move close to my family in that case
2. I'm actively looking at job opportunities in and around TO (including my current employer in California), in case I find the right one career wise, I have no reasons to continue staying in the US
3. In case of a family emergency, I'd like the option of move back to Canada and take care of family as I'm sure I'll be find some job to support them
4. My dad works in real estate and that is something I may consider taking up in the next 5 yrs depending on the market conditions

I have strong enough ties with Canada and under all these scenarios, I do not wish to wait for 2 or more years in India (where I have no family or ties anymore) waiting to get back to Canada. I think that's a reasonable request, dont you think?

 

[Karlshammar]

You can apply through and wait in the U.S.A. as long as you maintain your legal status there.

 

[commonwealth]

dingo1892- You are on the right track, just stay the course. Finding employment in your field might expedite things but have your family initiate PR process... Good luck-