Anybody has apply for work permit extension without LMIA in hand?

[scylla]

I would expect he'll get the refusal quite quickly after the two months passes - but I can't say for certain.

 

[Lady M]

This is the think what i'm trying to find out.....maybe somebody who get this refusal letter can tell as....

 

[irishIan]

This is the think what i'm trying to find out.....maybe somebody who get this refusal letter can tell as....

I received the denial letter last week. My company messed up the first LMIA application leading to their foreign worker program being audited and this delayed the second application past this two month grace period. My denial letter came exactly 2 months since i was on implied status. The letter basically says that i am out of status and have 90 days to apply for a restoration of status.

So i'm not working and basically waiting to hear from my employer re LMIA which is 11 weeks since we re applied.

 

[Lady M]

Thanks you very much irishIan....so my friend work permit will expire in Jan 30, he send the application to extend his work permit within 2 weeks before his work permit expire...,in 15 of Jan....so that means he will get this letter @30 of March,right? Or maybe a miracle happens and he will get this LMIA before...

 

[irishIan]

Thanks you very much irishIan....so my friend work permit will expire in Jan 30, he send the application to extend his work permit within 2 weeks before his work permit expire...,in 15 of Jan....so that means he will get this letter @ 30 of March,right? Or maybe a miracle happens and he will get this LMIA before...

I wouldnt hold for a miracle on the LMIA because you only have to look around these forums to see that the processing times vary from 8-20+ weeks. You should get his employer to fax someone higher up and stress that his permit is expiring/expired but thats pretty much all you can do.

I would advise your friend to work his butt off for the next 2 months while he is on implied status so he get as much money as possible because he could be in for a 2-4 month wait. if not more.

I applied 1 week before mine expired due to my work messing up the first application. That was back in Nov 3rd and my work permit expired Nov 12. I got my denial letter Jan 20 so it was 9 weeks for me that they held it back for LMIA. so i'm at the 10/11 week mark and i see another month at least for waiting. Then either i flagpole to the border or wait 5 weeks for a new work permit......provided i get an approved LMIA ???

 

[Lady M]

So,irishIan, you got this refusal letter in 20 of Jan,they give you 90 days starting whit 20 of Jan to apply for restauration? Can i ask you where are u in Canada and what NOC? thanks

 

[Lady M]

Hey irishIan are you still here?

 

[pirchcom]

Hi Lady M

We just went thru the same thing. Girlfriend had lmia file number and applied for a work permit. Her work permit was refused . Reason was employer had no LMIA she was refused on a thursday and employer got LMIA with her name on it on the Monday. So she re applied for work permit again and a month later was refused saying she cant apply within Canada and now we will look into flag poling as your suggestion.

 

[Lady M]

Hi,pirchcom...as i told you before if she has visitor status in Canada,she will have no problem...I was in same situation....my status was visitor,i get an LMO and because as a visitor you can not apply within Canada i went to the border with my LMO,contract work and course the passport...and i get my work permit with no problem...
Just be clear please....what is her status now in Canada? Coz what i said is apply if she has visitor status,if she does't have any status in Canada I don't know.....

 

[pirchcom]

Lady M. I was just replying to your question in your thread. It seems like you must have LMIA in hand befor applying for work permit or it will be refused, even with a file number hers was refused.

She has Visitor Visa untill June 2015 so we will try Flag pole.

Thanks

 

[irishIan]

So,irishIan, you got this refusal letter in 20 of Jan,they give you 90 days starting whit 20 of Jan to apply for restauration? Can i ask you where are u in Canada and what NOC? thanks

Yes, 90 days from Jan 20th to apply for restoration of status. Im in Alberta NOC 2242

 

[irishIan]

Lady M. I was just replying to your question in your thread. It seems like you must have LMIA in hand befor applying for work permit or it will be refused, even with a file number hers was refused.

She has Visitor Visa untill June 2015 so we will try Flag pole.

Thanks

Yes as long as you have a letter of a job offer from your employer with your LMIA then flag polling seems a faster way to get the visa and saves 5 weeks waiting.

 

[Lady M]

thanks irishIan...i'm still confused about this processing time,why they said processing time for your application is 69 days... :'(

 

[pirchcom]

Hi Lady M. Can I ask what country you are from with regards to flag pole. Ive been reading you must be from Visa exempt country to be able to flag pole. My Girlfriend is from Philippines and not visa exempt.

 

[Lady M]

I'm not from Visa exempt country and was ok,i went 2 times at the border,first time when i went to the border to take my work permit my status was visitor and i get work permit for 1 year(the LMO was for 1 year),after 1 year I get another LMO and i went again to the border for my work permit.Just because i use to live very close to US border and faster process