Applying for a work permit from the United States - Residency requirements

[haf07]

Hi there,

So a friend (Middle Eastern nationality) who has resided on the United States for several years on a J1 visa (Medical Residency and Fellowship), was supposed to work in an underserved area. He got accepted in a practice and applied for a J1 Waiver visa, which got denied but he appealed through a lawyer and he is currently legally staying in the United States while his appeal is being processed.

Long story short, while waiting for the appeal he got an offer from a hospital in New Brunswick (LMIA is positive/contract signed).

The question is can he apply for the work permit from the United States considering his residency status (J1 Visa Waiver appeal). Again he is within his legal rights to reside in the United States during the appeal process but would the Canadian embassy/visa office process his work permit?

I know the question is not straightforward but any inputs would be appreciated. By the way, he has been trying to contact the Canadian visa offices in his state for the past 10 days with no luck.

Thanks!

 

[scylla]

Hi there,

So a friend (Middle Eastern nationality) who has resided on the United States for several years on a J1 visa (Medical Residency and Fellowship), was supposed to work in an underserved area. He got accepted in a practice and applied for a J1 Waiver visa, which got denied but he appealed through a lawyer and he is currently legally staying in the United States while his appeal is being processed.

Long story short, while waiting for the appeal he got an offer from a hospital in New Brunswick (LMIA is positive/contract signed).

The question is can he apply for the work permit from the United States considering his residency status (J1 Visa Waiver appeal). Again he is within his legal rights to reside in the United States during the appeal process but would the Canadian embassy/visa office process his work permit?

I know the question is not straightforward but any inputs would be appreciated. By the way, he has been trying to contact the Canadian visa offices in his state for the past 10 days with no luck.

Thanks!

There's no restriction in terms of applying for the Canadian work permit.

He should make sure he answers all questions in the visa application accurately / truthfully, including the one regarding any past visa refusals (he will need to answer yes to that one due to the J1 waiver visa denial).

 

[haf07]

There's no restriction in terms of applying for the Canadian work permit.

He should make sure he answers all questions in the visa application accurately / truthfully, including the one regarding any past visa refusals (he will need to answer yes to that one due to the J1 waiver visa denial).

For sure with regards to the latter. That is, answering the questions accurately.

His concern has been more on the notion that the Canadian Visa office(s) in the United States would refuse to process his work permit to begin with as his "residency" status in the US is currently in flux. So thanks for that.