Info Needed for LMIA: Existing Employee with Post Graduate Work Permit

[CryingBird]

Hi Guys,
It's sad but truth. I'm an existing employee in Canada, working in a Canadian company with Post Graduate Work Permit in a professional skilled work (Financial & Economic Analysis). I have already applied for Express Entry, my score recently updated to 471 (because of increase in work experience & spouse's language skills test & education assessment). Am not invited yet, last Express Entry ITA Score was 482. I know I will be invited, however, it's about timing, my 3 years post graduate work permit expires on July 10. My company is very much interested to do anything for me. They are ready to apply for an LMIA but none of them really know much about it. Specially for an existing employee case. LMIA official description also not very clear about existing employee application procedures. Some questions I couldn't answer to my manager.

1. Do we need again to give job recruitment announcements?
2. If the company apply on first week of July for LMIA, can I apply to extend work permit indicating that LMIA applied for and in process?
3. What other issues that can help me? or do I need to see a lawyer? Am really tired for this immigration issue, since 2009 am running for it, every time I'm the unfortunate one, application package returned saying policy just changed please apply in new category.

Any detailed info is appreciated. Thank you.

 

[scylla]

1. Yes - they need to advertise the job for at least one month before submitting the LMIA application for approval.
2. Yes - you can submit a work permit extension indicating that an LMIA is in progress. However given that your company hasn't even started the LMIA process, you should expect your work permit will be processed (and refused) before the LMIA has been approved. Once the work permit is refused, you'll have to stop working. Once the LMIA is approved, you can apply to restore your status back to a work permit. However you won't be able to start working again until the new work permit is approved (expect to be off work for a few months).
3. Your choice whether you use a lawyer or not.

 

[ASky89]

I tend to believe there is a sub category called "pr support", so maybe different rules apply to that category. You should try to dig more into it.

 

[scylla]

I tend to believe there is a sub category called "pr support", so maybe different rules apply to that category. You should try to dig more into it.

They still need to advertise. They just don't have to pay the $1,000 fee. No getting around the advertising requirement.

 

[PMM]

Hi

They still need to advertise. They just don't have to pay the $1,000 fee. No getting around the advertising requirement.

1, Plus a LMIA that is issued to support a PR application, can't be used to obtain a work permit.

 

[scylla]

Hi


1, Plus a LMIA that is issued to support a PR application, can't be used to obtain a work permit.

Agreed. The $1,000 fee waiver doesn't apply in this case. It still has to be paid.