Pls HELP --- LMIA Question

[LMIA Question]

Dear Senior members,

I have been a silent member in this forum. After I saw many CEC inlanders that from same month has get some update or even pprs, I start to wondering if there is anything wrong that may cause the delay of my case.

I find out the salary that my LMIA stated is higher than my current pay. My employer told me that after I received the pr, they will pay me at the salary that stated in LMIA.

I talked to my lawyer and see if there is any loophole in my case, or should I even be worried about this. The lawyer said my case is fine since the LMIA is a support document for me to getting a PR. The salary that stated in the LMIA does not mean the employer need to pay me at that salary before I get the PR.

I am CEC Inland with LMIA and after my med pass, there is no update since then (it has been about 120 days). Should I write a letter to explain my situation to IRCC or as my lawyer said, I do not need to worry about my case.

Please advice. Your recommendation are highly appreciated. Thank you

 

[ladybug8888]

I would say don't confuse CIC with explanation about it because your situation is kind of tricky. The reason is, what your employer told you that he doesn't need to pay you the amount of money stated in LMIA is not true. Employer is responsible to pay you as much as he stated on LMIA otherwise he/she is againts employment standards and you are encouraged to sign Employment Standards Complaint against him.

Of course if your employer will realy pay you the right salary after you get your PR, then it might be smart to wait until that. But still he/she is not fair to you, which I feel bad about it.

There might be some problem with that when CIC will see the discrepance between what stated on LMIA/Contract and your paystubs. But it doesn't mean your application will be rejected because of that. With 4 months you just passed the finish line stated for about 80% of applications, so at this point I would suggest to request GCMS notes and see what's there.

 

[CasioLottoMax]

Hi,

a) Maybe you should order your GCMS notes?

b) I might be wrong, but for CEC-Inland basis positive LMIA I have the understanding that you have to work under the terms & conditions as submitted to Service Canada upon issuance of the positive LMIA and not after receipt of PR.

Check with your lawyer and ask him if he also constantly monitoring your EE account if his the one having access only.

 

[kk1988]

I wouldn't worry too much, because if you haven't hear from cic for long time , I think its good news, because in the first two month of the application, if you missing something or disqualify, they usually notice you in the first couple month. that's what happened to me on my 1st ee application, they cancelled by file due to missing Pcc 1 month after I submitted my application.

 

[LMIA Question]

I would say don't confuse CIC with explanation about it because your situation is kind of tricky. The reason is, what your employer told you that he doesn't need to pay you the amount of money stated in LMIA is not true. Employer is responsible to pay you as much as he stated on LMIA otherwise he/she is againts employment standards and you are encouraged to sign Employment Standards Complaint against him.

Of course if your employer will realy pay you the right salary after you get your PR, then it might be smart to wait until that. But still he/she is not fair to you, which I feel bad about it.

There might be some problem with that when CIC will see the discrepance between what stated on LMIA/Contract and your paystubs. But it doesn't mean your application will be rejected because of that. With 4 months you just passed the finish line stated for about 80% of applications, so at this point I would suggest to request GCMS notes and see what's there.

Thank you for your recommendations. I would order notes then and see what's in there about my LMIA. Should I order GCMS notes or log into the Access to Information and Privacy (ATIP) Online Request website?

 

[LMIA Question]

Hi,

a) Maybe you should order your GCMS notes?

b) I might be wrong, but for CEC-Inland basis positive LMIA I have the understanding that you have to work under the terms & conditions as submitted to Service Canada upon issuance of the positive LMIA and not after receipt of PR.

Check with your lawyer and ask him if he also constantly monitoring your EE account if his the one having access only.

I have the access to my account as well, but it remain as Not Started until my medical pass. That is why I am kind worry about my case. But like you and ladybug8888 stated, I will order Notes first and see what's in there regarding to my LMIA. Thank you for your recommendations.

 

[LMIA Question]

I wouldn't worry too much, because if you haven't hear from cic for long time , I think its good news, because in the first two month of the application, if you missing something or disqualify, they usually notice you in the first couple month. that's what happened to me on my 1st ee application, they cancelled by file due to missing Pcc 1 month after I submitted my application.

Thank you! Hope you receive ppr soon.