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Need serious advice on work permit for intra-company transfer

pr1111

Newbie
Jan 4, 2011
4
0
Hello all,
I seriously need some advice on my situation for work permit as an intra-company transferee.
I will give you a brief explanation on my past in Canada. I went to Canada in 2002 on a student visa from India, I finished my school in 2004 and got a 1 year post-graduate work permit for company A. When I got hired, the company was an IT consulting company, I was told after getting the visa that the company doesn't have any projects currently so there was no work for me. So I was just waiting on for projects for over 6 months of my work permit and eventually the company got me on one project. I didn't feel good about this whole situation so I started looking for other proper employer and finally found a job at company B at the end of my first year work permit. Then company B looked into my situation and they got me a LMO done from HRDC to extend my work permit with them. During the extension, I was called in for an interview from immigration and questioned regarding company A, as for my shock I found out that company A was involved with visa frauds with immigration. I clarified the officer that I had no information about it and I also felt something fishy about company A so I moved to company B which is a proper genuine employer, and I also showed my LMO to the officer. The officer ended up refusing my work permit extension disregarding my LMO. I applied again for a restoration of status clarifying the points, and after waiting for over 8 months they issued me a work permit in 2006 for company B. I started working with company B and in 2007 I applied for my immigration in independent class, in 2008 i was called in again for an interview and was questioned over the same things and eventually they refused my immigration application. I still had 1 year of work permit left so I stayed in Canada until the end of my permit in early 2009. Employer B didn't wanted to lose me, so they did an inter-company transfer to their U.S office, the process took some time so I was transferred to their Indian office for the mean time. So I went to India and worked in India through 2009 and at the end of 2009 I got the U.S visa, so I came back to U.S and started working for the U.S office. After working for over a year at the U.S office employer B wants me to transfer back to Canada on an intra-company transfer work visa, so I made the application recently and was refused. The reason I was given was my past history with employer A which I had nothing to do with and also they assumed that I stayed in Canada until the end of 2009 after my work permit was over in early 2009. They have no knowledge of me going to India as I assumed they would know.

My question is, should I still try getting a work permit as an intra-company transferee, I mean after working already on an LMO for 3 yrs in Canada, do they still give further work permit on intra-company transfer? Or 3 yrs is the max they will ever allow for work visa?

I mean I have been away from Canada for 1.5 years, so can I apply for a LMO to HRDSC again as well?