Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[shalenabennie]

You have cleared the eligibility and not your application is pending security. Security is a complicated and a long drawn process. CSIS and CBSA are both involved in this. You will just have to wait it out.

If you are eager to know if CSIS or CBSA have concluded their involvement in your application, you can consider requesting CBSA or CSIS notes.

Through ATIP?

 

[legalfalcon]

Hello @legalfalcon

I have submitted my application on November 28th 2018 and received AOR on the same day. I have doubts regarding my personal history and Proof of Funds. I was on H-1B status couple of years ago in US. This employment is not part of my work history and i am not claiming any points for it. My I-94(admitted stamp) and Visa was valid till Jan 16th 2017. I returned to my home country(India) on the same day (Jan 16th, 2017) voluntarily(on my own). My FBI PCC is clear with no records found. However for the last 5 months of my H-1B, i was looking for consulting jobs and was unemployed(unpaid). I was not given any notice/documentation by either USCIS or my employer about my visa being valid or cancelled. In schedule A form under personal history, i mentioned i was unemployed and looking for job for that time (5 months), but in status field, i mentioned i was on H-1B. Did i misrepresent here? I put in H-1B because, my H-1B visa and I-94 admitted stamp was valid till Jan 16th 2017. Should i send a cse and explain this situation or can i ignore as this is not part of my work history?

Also in the proof of funds, my bank provided me a certificate did not have average balance listed, however i included a gift deed notary affidavit from my father, scan copy of cheque used by my father for source of funds and also the last 6 months bank statements. Will this suffice or should i need to send average balance as an CSE?

Also in letter of explanation, i briefly summarized my profile and included my FSW and CRS scores snapshot tables. I have only continuous full-time experience of more than 2 years in my primary NOC and rest of my full time experience is accumulated under multiple NOC's and my total experience in the last 10 years will be more than 4 years. I thought FSW points is calculated for continuous experience only and used 11 points(2 to 3 years) in the table for work experience instead of 13 points for my 4 years experience. Will this cause any problem and should i raise a CSE or can i ignore it?

I have done my MS in USA, and included my WES ECA along with diploma and student issued transcript. However, i included only the front page of transcript which has grade point average and courses studied and did not attach the back page, which has only generic information about GPA. Should i attach the 2nd page which is generic as a CSE or it's not required?

Please advise, and appreciate your help!

No, you did not misrepresent when you said that you were on H1B and in status.

I have already answered your questions and there is no point re-posting them.

 

[legalfalcon]

If an application has passed the R10 completeness check, can such application be refused without any ADR or PFL

Usually not, PFL is always given, it is a basic principle of "Administrative Law" and a "principle of natural justice"

 

[legalfalcon]

Through ATIP?

Yes, if you meet the requirement of a person who can make a request under the Access to Information Act, or you can use the services of https://www.getgcms.com/order-now

 

[shalenabennie]

Yes, if you meet the requirement of a person who can make a request under the Access to Information Act, or you can use the services of https://www.getgcms.com/order-now

Okay thanks! According to this I am for sure in ss so I only need the CBSA notes yes??

 

[sgrv]

You have to answer "No," since your have not been convicted, neither you are currently charged, on trial, or party to a crime or offence and neither are you subject to any proceedings.

However, you should explain your charge for inattentive driving in your application. This won't be a big deal.

Thank you very much!

Regarding the "been detained" question, is it alright if I answer Yes and explain the circumstances of the police stop? It lasted for about ten minutes and just involved the officer issuing me a ticket and court summons. But I guess this is still technically being detained for the duration of the stop. I don't want to misrepresent myself by answering No.

 

[legalfalcon]

Okay thanks! According to this I am for sure in ss so I only need the CBSA notes yes??

The SS is done by CBSA and CSIS. First the CSIS conducts its review and submits the report to CBSA, which then finishes its report and submits the final report to IRCC.

The CSIS report merely informs you when it started the review and if it has concluded its involvement. However, the CBSA report is the same as GCMS notes, but the security is not retracted and thus helps to at what stage the screening is.

https://getgcms.com/order-now

 

[legalfalcon]

Thank you very much!

Regarding the "been detained" question, is it alright if I answer Yes and explain the circumstances of the police stop? It lasted for about ten minutes and just involved the officer issuing me a ticket and court summons. But I guess this is still technically being detained for the duration of the stop. I don't want to misrepresent myself by answering No.

Under the american law, there is nothing known as detained. The Fourth Amendment and the criminal procedure law talks about searches and arrests.

So if you were stopped, that does not equate detention, you were never taken to a custody. Don't over complicate things for yourself.

Just explain what happened without getting into the legalities, unless you have a lawyer representing you in your application.

 

[shalenabennie]

The SS is done by CBSA and CSIS. First the CSIS conducts its review and submits the report to CBSA, which then finishes its report and submits the final report to IRCC.

The CSIS report merely informs you when it started the review and if it has concluded its involvement. However, the CBSA report is the same as GCMS notes, but the security is not retracted and thus helps to at what stage the screening is.

https://getgcms.com/order-now

When I click on the link, it ask if I want CBSA OR CSIS.. Do I want both?

Link says:
Before you initiate the process to request the CBSA notes from Canada Border Services Agency please have the following ready :
Your date of birth and full name as it appears on your immigration application
Full name and date of birth of your spouse or common-law partner (if you have a spouse or common-law partner included in your application)
Visa file number / UCI number


Is this asking for my information (the sponsor) or the PA? I'm wondering because I read somewhere that you have to be a Canadian citizen to order from ATIP. not sure if it's the same?? Also, what's an appropriate time to wait before requesting. My ss only started Oct 23. So ordering more seems pointless, as there's probably nothing done yet

 

[NiSn]

Thank you sir.
A few of my wife's FDs are not 6 months old. So, what can i do? These have been created out of funds in the savings account wherein salary is credited every month.

See - https://www.getgcms.com/blog/proof-funds-requirement-express-entry/

You can use these FDs. No issues as long as they were made over 6 months ago. Also, you will need a letter from the financial institution where these are.

 

[legalfalcon]

When I click on the link, it ask if I want CBSA OR CSIS.. Do I want both?

Link says:
Before you initiate the process to request the CBSA notes from Canada Border Services Agency please have the following ready :
Your date of birth and full name as it appears on your immigration application
Full name and date of birth of your spouse or common-law partner (if you have a spouse or common-law partner included in your application)
Visa file number / UCI number


Is this asking for my information (the sponsor) or the PA? I'm wondering because I read somewhere that you have to be a Canadian citizen to order from ATIP. not sure if it's the same?? Also, what's an appropriate time to wait before requesting. My ss only started Oct 23. So ordering more seems pointless, as there's probably nothing done yet

If you have sponsored your spouse, then the notes will be requested on the spouse's behalf, wherein she will be the primary applicant and the sponsoring spouse the secondary applicant.

At the end it does not matter, as long as both spouses sign the consent form, so that the information can be obtained.

 

[legalfalcon]

Thank you sir.
A few of my wife's FDs are not 6 months old. So, what can i do? These have been created out of funds in the savings account wherein salary is credited every month.

If you do not meet the 6 months average requirement, you can submit bank statements that reflect the transfer of funds to FD from your account and explain it in LoE.

https://www.getgcms.com/blog/proof-funds-requirement-express-entry/

 

[navkrish]

No, you did not misrepresent when you said that you were on H1B and in status.

I have already answered your questions and there is no point re-posting them.

Thanks a lot @legalfalcon Appreciate your help. I was just worried, because my employer did not contact me for few months, and i have no idea whether he cancelled my visa or not. No update from USCIS as well. I put in my status as H-1B in schedule A personal history and mentioned as unemployed. I thought of raising a CSE and explaining in detail why i have written H-1B. But, your advise has certainly calmed my nerves about raising a CSE. What about average balance in POF. My bank certificate did not list average balance, however i have attached gift deed from my father, along with scanned copy of cheque used to transfer the money. Also i have attached last 6 months bank statements. No need to raise a CSE for average balance right?

Thanks again for your time and help @legalfalcon Appreciate it immensely.

 

[anjumj]

The average processing time for an application is 6 months, and this 6 months starts from the day your R10 is passed, and not when you get your AoR. Further, there is no stage such as IP2 etc. What you see in your MyCIC account is just status updates, and it does not correspond with what stage your application may be at. All application go through the following:

R10
Medicals
Criminality
Eligibility
Security

To read more on these see, https://www.getgcms.com/blog/express-entry-application-processed/

Both your issues you have mentioned are speculative. Instead wait for GCMS notes to see the picture, and don't over think.

ut my medical

 

[anjumj]

If my medical is passed then doesn’t it mean I have cleared R10 and subsequently I’m stuck in IP1 for over 6 months shouldn’t that cause for an alam?

The average processing time for an application is 6 months, and this 6 months starts from the day your R10 is passed, and not when you get your AoR. Further, there is no stage such as IP2 etc. What you see in your MyCIC account is just status updates, and it does not correspond with what stage your application may be at. All application go through the following:

R10
Medicals
Criminality
Eligibility
Security

To read more on these see, https://www.getgcms.com/blog/express-entry-application-processed/

Both your issues you have mentioned are speculative. Instead wait for GCMS notes to see the picture, and don't over think.

ut my medical