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Asking for suggestion: PGWP refusal & flagpoling.

Jan 7, 2023
6
0
I applied for PGWP on June 15, 2022 and got refusal on November 2022 due to having 2 part-time semesters during my Bachelors degree.
I started my undergrad on Fall 2018 in faculty of science and wanted to get a degree in computer science. Later I realized I don’t enjoy it and moved to a different faculty. I graduated on Winter 2022 with a degree in Economics and Management. Before switching to a different faculty my grades were not good and dropped out of courses in 2 semesters that made those 2 semesters part-time.
I applied for PGWP on 15 June 2022 and got a good professional job on July. My job was going really good until I received a refusal on my PGWP application on 15 November. I had to leave my job immediately and approached a lawyer. My lawyer & I re-applied for my PGWP and status restoration on December 02, 2022 with an explanation letter & more documents from the university and been waiting for a decision since then.
My employers wanted to retain me but they don’t issue LMIA. They said they won’t hire anyone immediately to give me some time. Now they’ve informed me that my role was kinda essential hence they may need to hire someone in my position next February. I understand their point.


The waiting time for PGWP decision is around 4-6 months now so I can expect an decision between April to May.
I really liked my job and don’t wanna lose it. Hence I was wondering if I can for to the border for flagpoling? If I can then what should be the steps and what documents should I take?
My employers are willing me to give me a supporting document.

Thanks in advance!

P:S: My study permit & TRV expired on November 17, 2022 and my status expired with my PGWP refusal. I’ve applied for status restoration and PGWP.
 

scylla

VIP Member
Jun 8, 2010
96,312
22,448
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I applied for PGWP on June 15, 2022 and got refusal on November 2022 due to having 2 part-time semesters during my Bachelors degree.
I started my undergrad on Fall 2018 in faculty of science and wanted to get a degree in computer science. Later I realized I don’t enjoy it and moved to a different faculty. I graduated on Winter 2022 with a degree in Economics and Management. Before switching to a different faculty my grades were not good and dropped out of courses in 2 semesters that made those 2 semesters part-time.
I applied for PGWP on 15 June 2022 and got a good professional job on July. My job was going really good until I received a refusal on my PGWP application on 15 November. I had to leave my job immediately and approached a lawyer. My lawyer & I re-applied for my PGWP and status restoration on December 02, 2022 with an explanation letter & more documents from the university and been waiting for a decision since then.
My employers wanted to retain me but they don’t issue LMIA. They said they won’t hire anyone immediately to give me some time. Now they’ve informed me that my role was kinda essential hence they may need to hire someone in my position next February. I understand their point.


The waiting time for PGWP decision is around 4-6 months now so I can expect an decision between April to May.
I really liked my job and don’t wanna lose it. Hence I was wondering if I can for to the border for flagpoling? If I can then what should be the steps and what documents should I take?
My employers are willing me to give me a supporting document.

Thanks in advance!

P:S: My study permit & TRV expired on November 17, 2022 and my status expired with my PGWP refusal. I’ve applied for status restoration and PGWP.
You can't flagpole while out of status. Attepting to flapgole is only possible if you have valid status in Canada.
 
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canuck78

VIP Member
Jun 18, 2017
56,187
13,733
no I haven’t, my lawyer suggested I’ve better change of getting accepted for PGWP if I reapply.
Reapplying won’t change the 2 part-time semesters. If you go to the border they will see that your PGWP was already refused. They don’t have the authority to overlook your 2 part-time semesters. Reconsideration would have been the better and faster option while trying to provide a justification why you had the 2 part-time semesters. If your employer applies for an LMIA and it is under GSS and then you apply for a closed WP that would likely be your best option.
 

scylla

VIP Member
Jun 8, 2010
96,312
22,448
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010