need help for Statutory Declaration of common law Union - IMM5409E

[Omegabyte]

Here's my 2 cents worth:

In this case, I'd suggest doing the requirements of the India checklist, but make sure you also include your FBI report (as that checklist asks for PCC's from anywhere you "have resided for six months or more since reaching 18 years of age").

 

[profiler]

Here's my 2 cents worth:

In this case, I'd suggest doing the requirements of the India checklist, but make sure you also include your FBI report (as that checklist asks for PCC's from anywhere you "have resided for six months or more since reaching 18 years of age").

Absolutely. They will request a PCC for any country you have lived in for more than 6 months.

 

[CDNPR2014]

From path2usa: http://www.path2usa.com/what-is-h1b-visa

"The H1B visa is an employment-based, non-immigrant visa category for temporary workers. For such a visa, an employer must offer a job and apply for your H1B visa petition with the US Immigration Department. This approved petition is a work permit which allows you to obtain a visa stamp and work in the U.S. for that employer."

That means you do not live there. You are temporarily staying there. You do have the option to apply for a Green Card, but given that you told us you had an H1B, I would assume you don't have a Green Card.

DK26: I think it would be a good idea to defer to experts like Scylla, Canuck, Rob_TO and Leon for this one. I'm pretty sure people who have H1B visas ARE legal residents of the US and send in the application as if they are being processed based on their residency in the us. those with work visas in other countries for 12+ months can apply through the country they are working in, so the interpretation that the visa does not give someone residency in the US when they have been working there legally for 8 years does not seem correct to me. If they don't respond by tomorrow, send them a private message.

 

[profiler]

DK26: I think it would be a good idea to defer to experts like Scylla, Canuck, Rob_TO and Leon for this one. I'm pretty sure people who have H1B visas send in the application as if they are being processed based on their residency in the us, and those with work visas in other countries for 12+ months can apply through the country they are working in. The interpretation that the visa does not give someone residency in the US when they have been working there legally for 8 years does not seem correct to me.

Sure, I agree. Given that it's a temporary worker class, I suspect the OP should be using the India check list. However, yes I would defer to those who have done the process before.

From what I have read also, there is a limit of 6 years on that visa....

 

[CDNPR2014]

Sure, I agree. Given that it's a temporary worker class, I suspect the OP should be using the India check list too. However, yes I would defer to those who have done the process before.

From what I have read also, there is a limit of 6 years on that visa....

I don't think it's good to assume we know the ins and outs of visas in other countries just from what we are reading on the internet. The OP did not confirm he's been in the us on the visa for 8 years, just that he's been living there for 8 years and is currently on a visa. that can mean many things. Since I don't know anything about a HB visa, i will defer to the experts who do know. the guide clearly states to send in the application for where you are currently living. your interpretation of what "living" means may not be the same as CIC's interpretation. in canada, isn't a temporary foreign worker considered a temporary resident? why would CIC not interpret someone living and working in another country on a work visa the same?

 

[Dk26]

Profiler and Tanmax,
yes, in my case, i came to USA for further study on F1 visa and now i am working in USA on H1b work permit.

 

[Dk26]

I have been working in USA since last 3 years on h1b work permit.
FYI : you can stay on h1b as much as you can in usa if i140 step is approved.

 

[profiler]

I don't think it's good to assume we know the ins and outs of visas in other countries just from what we are reading on the internet.

No assumption here. Totally an opinion. I'm not at all an immigration lawyer, expert, or consultant. In fact, this isn't even anywhere close to my profession.

I do know that until you have a PR or Citizenship in Canada, you are not "living" here. You are just staying here temporarily. It was CIC's website that stated they wanted the guide used for the country you are "living" in.

@Rob_TO, scylla, canuck_in_uk: do any of you have an opinion here?

 

[canuck_in_uk]

As stated clearly on the website, people need to use the guide for the region where they are living. To be considered as living in another country, a person does not require permanent status; people can live in other countries as workers, students, visitors or even illegally.

IRCC usually chooses the VO of nationality over the VO of residence. If the app is sent to ND and they need anything that wasn't listed on the US checklist, they will request it.

 

[CDNPR2014]

As stated clearly on the website, people need to use the guide for the region where they are living. To be considered as living in another country. a person does not require permanent status; people can live in other countries as workers, students, visitors or even illegally.

IRCC usually chooses the VO of nationality over the VO of residence. If the app is sent to ND and they need anything that wasn't listed on the US checklist, they will request it.

thank you!

 

[Dk26]

Thanks everyone !!