1) the requirement for job advertisement is still 5 weeks before applying for LMIA?
Rules are being updated, but currently the minimum advertising requirement is 4 weeks.
http://www.esdc.gc.ca/eng/jobs/foreign_workers/lower_skilled/index.shtml
I provided the link for "lower skilled" because ESDC is changing the way they classify "higher" and "lower" skilled work - and it will be based entirely on the wage, whether it is above the provincial median wage (skilled) or below (unskilled).
2) i came to canada last march 2012 to work in a restaurant (not cook position). now i am cook in a hotel whose work permit is expiring in july 2014 (turning 1yr working for the same employer). am i still allowed to stay in canada and apply for LMIA so i can renew my work permit?
You cannot apply for an LMIA. Your employer has to. THere are many new eligibility requirements, including a $1,000 application fee, so it may be difficult.
As of today, the rules (which may change) are:
- If you apply to renew your work permit before it expires, you can stay and work under "implied status" until you get a response on your application.
- If your work permit expires, you have a 3 month grace period during which you can stay and apply to restore status and apply for a new work permit. But you cannot work until you receive a new work permit.