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PGWP and LMIA - Any advice?

rita.sm16

Newbie
Aug 19, 2012
3
0
I'm in a difficult position! Don't know what to do...
I graduated with a PhD (Canada) and am now working with an open PGWP for a Canadian employer for over 3 months now.
I created an EE profile hoping to qualify to the FSWP with my Research Assistant work experience gained while I was doing my PhD.
Without the LMIA, the system does not recognize I have a job and I get 0 points for arranged employment. There was a bug in the system (in my opinion) as I qualified for the CEC program and got an invitation to apply within 2 days! And it states clearly on the CIC website that any work experience gained while studying full time will not count as work experience for the CEC program. So basically I have an invitation to apply and I know that if I apply I will get rejected immediately.

I am trying to get my employer to do the LMIA to support my application but when he started going over what's needed for the LMIA, he send me that he need to choose one of the following:
"Are you applying for an LMIA to support a foreign national's
A. permanent resident visa application (this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued). This option does not have a processing fee. OR
B. work permit application and permanent resident visa application (this means you will hire the foreign national as a temporary foreign worker before or while their permanent residence application being processed). This option requires paying a processing fee"

What should he choose? Does anyone encountered this issue? Does option even apply if I am already in canada?! If he chooses option B I will lose my open work permit and if I lose this job, I'll need to get a new LMIA if I want to stay in Canada and do not have my PR yet?