Returning worker TRV extension+received query+PR under CEC in progress

[toronto2015]

Before starting with questions, let me narrate my recent past so that it will be helpful for others.

I lived in Toronto since Sep 2012 through Intra Company Transfer Work Permit, applied for PR in the month June 2014 under CEC. I came to India for vacation in Dec 2014 and i had my return ticket on 10th January 2015. Please note that i am having a valid work permit until 15th Aug 2015, filed a Temporary Resident Visa renewal through my employer on 15th Dec 2014. Usually it takes 5 to 10 business days, i received a query letter(A Person who makes an application must answer truthfully all questions put to them ....) asking more additional details/documents on 12th Jan 2015.Really got confused after seeing this letter, coz i have nothing to hide and they have haven't mentioned what exactly the document they are looking for

After careful review and long discussion with travel dept, we have provided more details about my PR (which i didn't mention in my TRV form) such as AOR number,email received from CIC on 14th Jan 2015. On 16th Jan 2015 I got a call from Canada Visa Application Centre,Bangalore asking about my previous US visits and reason for H1B rejection (happened in 2011 Nov,which i did not mention in TRV form). I immediately agreed that my H1B got rejected and they have asked me to send email explaining the reason for rejection. I have sent email on the same day explaining the reason to 'BAGLR-immigration@international.gc.ca'. I have rebooked my tickets to 23rd Jan 2015 and still the status in VFS site shows 'Additional documents received are being processed at the Canada Visa Office, BANGALORE'.

1. Do we need to mention H1B rejection details in TRV form? (Pls note that I had no intention to hide, the fact is i wasn't aware of it. Also this is not the 1st time I apply for TRV, In my previous trip also i didn't mention my H1B rejection in TRV form)
2. How come all of sudden they came to know about my H1B visa? Do they check with any US centralized database?
3. Will it affect my TRV approval?
4. In case if my TRV gets denied, Will it affect my PR application which is almost in final stage expecting MR soon?

Head is spinning with lot of questions, but unable to find answers. On top of it, i have my rented apartment in toronto and i have all my certificates,electronic gadgets and house hold things in it.

Does anyone ran into similar situation in the past? Appreciate your reply, please share your thoughts, suggestions

 

[Bryanna]

Hi,

Yes, the TRV application form has a section where you must disclose any previous visa refusals.... for any country. You should have disclosed about your H1B refusal in the first TRV application.... and even in your subsequent Canada visa applications.

Yes, US and Canada have access to cross-country immigration databases.

The applicant must be truthful at all times. As you received a letter from the Visa Office stating the same then it is possible that your case is being scrutinized for misrepresentation. As this may not be a simple case of a TRV, its best if you seek legal advice from a good immigration lawyer

All the best

 

[toronto2015]

Thanks Bryanna for the quick reply.I spoke to travel dept and they asked me to wait for CIC to take decision on TRV. They will take attorney's help if required. I am worried about my PR application, Do i need to contact CIC and provide info about my H1B rejection? Please suggest.

 

[Bryanna]

It would be best to wait until a decision is first made for your TRV.... have you received any update for the processing?

 

[toronto2015]

No.It's not changed yet. I am planning to submit my revised application tomorrow along with few additional documents about my H1B rejection.

 

[Bryanna]

Hi,

As it is taking unusually long to process your TRV..... and also it appears that you have received a "fairness letter" from the Bangalore VO...... my suggestion is to seek the advice of an immigration lawyer before you prepare/submit any documents.

The lawyer will consider subsection 40(1)(a) of the IRPA for withholding of material facts.... to prepare any document..... even if the situation has arisen due to a genuine mistake on your part


All the best

 

[toronto2015]

Hi Bryanna,

Thanks for the response. After yesterday's submission, the status got changed and it reads 'Your processed passport has been dispatched from the Canada Visa Office BANGALORE, on 28/01/2015 to the Canada Visa Application Centre'. Keeping fingers crossed, will keep you posted.

 

[Bryanna]

That's great..... fingers crossed

I would still advise that you take the advice of a lawyer as your PR is under process


All the best

 

[lellen]

Hi,

I have a question. Did you disclose your previous Visa refusal in your permanent residence application?

 

[toronto2015]

I checked my PR form and there is no similar question(the one in TRV form) in it.

 

[toronto2015]

As bryanna pointed out, I am planning to consult lawyer and get the H1B denial added to my PR application

 

[sareena999]

I am in a similar situation and really need some advice/pointers on how to proceed.

To give you some background information:

I have a multiple entry US B1/B2 visa and in 2009, a H1B petition was filed but was not approved after an RFE was given to the employer. Am not really sure what the RFE was about and what documents were submitted by the employer – just that it was not approved.

As never I attended a visa interview with a visa officer and was then rejected the H1 visa – I never took it to be a visa refusal - as in where the visa office says sorry Mr/Miss X you have not been granted a visa.

Fast forward to now, I am currently in the process of applying for a TRV/tourist visa to Canada. While filling out the IMM5257E form there was a question – "have you ever been refused a visa or permit, denied entry, or been asked to leave Canada or any other country?"

So given the RFE, do I need to answer a yes here or a no? I honestly don’t want to mess this up and create more problems as I have a spouse sponsored PR in the processing. I don’t think I replied a yes to any visa problems in that application too…

Please any help here will be most welcome as I am freaking out and imagining all sorts of problems ahead of me due to which I will never enter Canada or see my spouse :S

 

[Bryanna]

Hi Sareena,

You must answer 'Yes' for any previous visa refusals or entry denied to any country.... you have a H1B visa refusal, hence, the answer is Yes.

RFE is Request for Evidence.... USCIS sought additional information from your employer (possibly for clarifications/information pertaining to your salary, qualifications, work experience, etc).

You may want to submit an explanation for your H1B rejection with your Canada TRV application along with any documents you may have to support your explanation.

You may also want to pro-actively submit the same information/explanation for your PR application before CIC asks you for this information.

The employer of the OP in this thread failed to disclose a previous H1B refusal.... unfortunately, the OP paid a heavy price for this error.... a TRV refusal + 5 years ban for misrepresentation + rejection of the OP's PR application which was at an advanced stage. Anyway


All the best