LMIA application declined, Work Permit Expired. Fully Screwed. Help Please.

[harrybrar]

Hi, I came to Canada on student basis. I studied in Canada Ontario for 1 year and then got postgraduate work permit for 1 year. It took me around 3 months to find work after that. After finding the work, my employer agreed to apply for PNP. The whole process lasted back and forth for 6 months. Ultimately PNP Ontario told my employer that organisation doesn’t need this position(network administrator) and declined nomination for PNP. By this time my work permit is also near expiry. So, I convinced my employer to apply for LMIA which he did. My work permit got expired but I applied just before that for work permit renewal using LMIA application no. and now I got myself on implied status.
Yesterday My employer got a call from LMIA Department and they again told him that they are declining the application since we didn’t gave advertisement in Jobbank(although we gave in 3 other sources). We are now trying to again applying for LMIA after advertising the job in jobbank to give it another shot but it will take another 1 month and there are no guarantees.
Although in the mean time I am weighing my options and could use some suggestions/advice on my case:
• Am I out of status and should stop working but I haven’t received any update from CIC yet on my application so should I keep working on implied status till I get official confirmation.
• Should I call CIC and tell them that my employer is again filling for LMIA with new application number?
• Should I go back to studies and do some course just to remain in this country?

Since I already worked for 10 months in this country and just need another 2 months to be eligible for Canadian Experience class, I feel confused right now as I am so close to finish line and everything is falling apart. Any advice will be highly appreciated. Thank You.

 

[prashanthbv]

Sorry to hear that Bro. But Job Bank is a must for advertising. It is the first point given in Advertisement Requirements page.

I am in the same position too, studied in Ontario and was working for 10 months too till my wp extension got rejected due to no LMIA result provided. Not working since 2 months and I am still waiting for LMIA

To answer your Questions

1 - It is better to call CIC and ask them. I am guessing you are not allowed to work any more but i am not 100% sure

2- Once you receive a reply from CIC they will give you a 90 days period for restoration during which u can stay here but cannot study or work. You may use this period to apply LMIA again and also see what the Express Entry has to offer you, which begins from January 2015

 

[harrybrar]

Thanks

Thanks prashanthbv, so what i am understanding, I haven't received any update from CIC from my online application as it shows "OPEN" in status.

And does those 90 days start from the day my work permit expires or from the day I receive a reply from CIC?

 

[prashanthbv]

Re: Thanks

Thanks prashanthbv, so what i am understanding, I haven't received any update from CIC from my online application as it shows "OPEN" in status.

And does those 90 days start from the day my work permit expires or from the day I receive a reply from CIC?

As per my knowledge since you already gave the LMIA number along with your extension application , CIC would know that your LMIA is rejected when they check it. Logically

From the day your receive reply from CIC . For instance my wp expired Aug 16 but my 90 days started from Sept 25 as i got reply from CIC that day

It would clearly be mentioned in the letter that your status has expired on .... Date and you have 90 days to apply for restoration.

So you have at least 90 days to figure out options