Help needed...URGENTLY!

[yvetteyo]

Hi,

I think the stress is getting to me and I just can't think straight so I need somebody with a little sense and knowledge to help me out!!!

Here's my scenario...

I came to Canada on a temporary work permit in December 2008, my family followed at the end of December.

I have worked, etc but have now been laid off....finishing on 12 November. I have however an offer from another company, same NOC (2234), etc on a skiled level B. I have also got our PR application in, full submission sent to Buffalo in September 2010.

So here's the problem, my current visa expires on 4 December, my new employer has just advertised on Service Canada in order to get the LMO but have to do this for 10 days (they didn't realise it had to be specifically there as well as general advertising). With a 'hopeful' 3 weeks turnaround for a positive LMO that takes us to 3rd December - hence the stress!!!

I need to know...

1) Can my husband remain working for his employer even though his visa expires or does he have to cease for the period the visa is outstanding if it doesn't come through by the 3rd? Can he take 'leave' as oppose to resign and restart? i.e. just not go to the building!
2) Do my children have to come out of school for the same period?
3) Can i do a cross border application, i.e. drive to the US and put the application through there?
4) Can my husband do a change of status for his visa to put him as the primary?
4) Does my PR 'in Canada' application mean we can stay but have to adhere to the work visa conditions i.e. stop working/schooling on the 4th until we get positive LMO and vis aextension, etc.

Phew, sorry for so many questions.

Thanks in advance.

Yvette

 

[Maria Perry]

No, i dont think so that your husband will have to cease for the time period his visa is outstanding. He can definitely negotiate with the higher authorities where he is working

 

[angelbrat]

You cannot apply for a work visa or extension without a valid LMO, anymore. New rules since September 2010.

If you husband does not receive the LMO before his visa expires, he HAS to stop work.

You should also apply for temp resident visa`s, before the work visa expires, this will at least allow you all to remain in Canada. Otherwise, as per the work visa, you have to leave Canada at it`s expiry.

 

[rjessome]

No, i dont think so that your husband will have to cease for the time period his visa is outstanding. He can definitely negotiate with the higher authorities where he is working

What???? NO, NO, NO!