FSW2: Can an expired LMO be replaced with an AEO? How?

[justtheme]

Here's my situation:

I applied for PR in December 2010 as a Skilled Worker with Arranged Employment. The application was supported with an LMO and my old work permit. My work permit just expired and I can't stay in the country for personal reasons. My company wants to keep me an employ me once I come back. The question is whether my company can apply for an Arranged Employment Opinion to replace the old LMO in my application for PR. If approved, should I just submit the AEO to the visa office (Buffalo) processing my application? Will that secure my permanent residency process?

Thanks!

 

[justtheme]

Any clues?

 

[katniss]

Hi Justtheme,

While I am not 100% sure about the AEO being able to replace the LMO in this case; however I do know that I once consulted with a lawyer about FSW applications and he said that "one needs to maintain worker status throughout the application timeline" for it to be valid. In this case, I am wondering if you could take advantage of the "implied status" clause while you wait for the AEO to be submitted?

Just a thought... not sure if this helps!