My work visa is expiring next month on the 2nd. My LMIA was sent this week, it got delayed due to reasons I don't understand yet. What is the best way to approach this now? Is it true that one has to apply for a visa extension 30 days before it expires and not after that? How can I buy some time so that I can get the result from LMIA and if positive, start my EE?
Guidance for visa extension
- Thread starter harmeetjaipur
- Start date
harmeetjaipur said:
Nope. It's just advised to apply 30 days before but you can legally apply even on Sep 2. for a visa extension. Is your LMIA dual intent? If so, apply for a work permit extension and send them LMIA once you get it.
If it's not a dual intent, you should at least change your status to visitor.
What happens if I start my EE this week and an EE Draw is made before my LMIA gets done? As in, lets say I have 400 points right now and the cut off is more than that, can I continue on the same profile for next EE draw?
jes_ON
VIP Member
- Jun 22, 2009
- 12,088
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- Category........
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- New York
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 06-May-2010
- AOR Received.
- 13-Aug-2010
- File Transfer...
- 01-Mar-2011
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- 12-Jul-2011 (received 25-Jul-2011)
- LANDED..........
- 03-Sep-2011
harmeetjaipur said:
If you employer has submitted the LMIA application (and paid the fee for a work permit), you can apply for a new work permit within the 2 weeks before your existing permit expires, with the "LMIA pending." You would also have to submit proof of the LMIA (e.g. courier receipt, copy of application, and file number if your employer can get it by then). As long as you apply before your current permit expires, you will be on implied status and can continue to work.
I have a post graduate work permit, it is 25th today and I don't have 2 weeks I am afraid 
The LMIA is submitted, I don't think my employer has paid a fee for a work permit. They will apply for my Express Entry application today so that I can get the 90 days (the time to process) during which LMIA will be processed and my EE profile can be updated with that LMIA. Will I be able to work during this time?
The LMIA is submitted, I don't think my employer has paid a fee for a work permit. They will apply for my Express Entry application today so that I can get the 90 days (the time to process) during which LMIA will be processed and my EE profile can be updated with that LMIA. Will I be able to work during this time?I also came to know that my employer's lawyer hasn't filed and or prepared for my work visa extension application. So I need to do that as well or else I wont get the 3 months to have an implied status and I will have to go back on 2nd. Can I apply for the extension now?
Can I apply for the extension now?jes_ON
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harmeetjaipur said:
???? 90 days for what? Submitting an EE profile or PR application does not provide you with any status. Once your work permit expires, you will not be authorized to work.
jes_ON
VIP Member
- Jun 22, 2009
- 12,088
- 1,421
- Category........
- Visa Office......
- New York
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 06-May-2010
- AOR Received.
- 13-Aug-2010
- File Transfer...
- 01-Mar-2011
- Passport Req..
- 30-Jun-2011
- VISA ISSUED...
- 12-Jul-2011 (received 25-Jul-2011)
- LANDED..........
- 03-Sep-2011
harmeetjaipur said:I also came to know that my employer's lawyer hasn't filed and or prepared for my work visa extension application. So I need to do that as well or else I wont get the 3 months to have an implied status and I will have to go back on 2nd.
If your employer applied for the LMIA for PR only ( no fee ), then you have no grounds to apply for a work permit.
You can submit an application and work until you get a refusal, but you will not technically be on implied status, if your application is returned as incomplete. You will be out of status effective the date your work permit expires.
jes_ON
VIP Member
- Jun 22, 2009
- 12,088
- 1,421
- Category........
- Visa Office......
- New York
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 06-May-2010
- AOR Received.
- 13-Aug-2010
- File Transfer...
- 01-Mar-2011
- Passport Req..
- 30-Jun-2011
- VISA ISSUED...
- 12-Jul-2011 (received 25-Jul-2011)
- LANDED..........
- 03-Sep-2011
harmeetjaipur said:I have a post graduate work permit, it is 25th today and I don't have 2 weeks I am afraid
You need to find out if they paid or not. Your only chance for a new work permit is if they paid the fee.
If they did pay for the LMIA for a work permit, you can apply for a new work permit with PROOF of the pending LMIA application within 2 weeks of the expiry. This means no sooner than 2 weeks before the expiry, up to and including the date of expiry. If it expires on Sep 2, then you have a week to submit your work permit application.
I was misinformed about the 90 days. My employer's lawyer will mail my work permit extension on Monday and I will start my EE application this weekend. I think I will get around ~112 days as implied status and during this time the LMIA will be done and I will be able to update my EE application with it. Does this sound right?
Is there any difference for processing time for different skill levels? My job is Skill Level A.
So if I don't get a reply for my LMIA within the time (~112 days) that I will have, will I have any options then?
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