PGWP change to Visitor visa or wait for LMIA

[Also56]

Dear all,

I was on PGWP until Feb 2015, I was working on the full time basis and my employer was satisfied with my endeavor and he applied for LMIA to be able to extend my work permit. Unfortunately we got refused for LMIA and it happened in March 2015 when my PGWP were expired.
Immediately after receiving refusal letter, I applied for restoration of my status as visitor (because we did not have positive LIMA approval and I was out of status) and at the same time, my employer advertised again the job to try for LMIA for the 2nd time.

So here are my questions:

1- If this time we get approved for LMIA, will I be able to apply for work permit extension in Canada considering that I have applied for restoration of my status as visitor visa? If yes, then how is the process? Should I cancel my visitor visa request?

2- In the LMIA application, there is a section which asks for the information of the candidate for the position and his/her status in canada, if he/she lives in Canada. How should we complete that part? I don't know if we should tick VISITOR based on my new request for restoration of my work permit to visitor visa or choose TEMPORARY FOREIGN WORKER based on my previous status as PGWP holder? If we choose VISITOR, then I think I have to go through the process of new WP which might take long time and I have to leave Canada as well, and if I choose TFW, then what should I do with my current restoration to Visitor Visa?

I am NOT from visa exempt countries and if I leave Canada without status, I have to apply again for visa in one of the Canadian embassy.
Please advise with your valuable experience.

(PMM, Job_Seeker, Marlee, and other friends, please help me and answer the questions)

Thank you all.

 

[PMM]

Hi

Dear all,

I was on PGWP until Feb 2015, I was working on the full time basis and my employer was satisfied with my endeavor and he applied for LMIA to be able to extend my work permit. Unfortunately we got refused for LMIA and it happened in March 2015 when my PGWP were expired.
Immediately after receiving refusal letter, I applied for restoration of my status as visitor (because we did not have positive LIMA approval and I was out of status) and at the same time, my employer advertised again the job to try for LMIA for the 2nd time.

So here are my questions:

1- If this time we get approved for LMIA, will I be able to apply for work permit extension in Canada considering that I have applied for restoration of my status as visitor visa? If yes, then how is the process? Should I cancel my visitor visa request?

2- In the LMIA application, there is a section which asks for the information of the candidate for the position and his/her status in canada, if he/she lives in Canada. How should we complete that part? I don't know if we should tick VISITOR based on my new request for restoration of my work permit to visitor visa or choose TEMPORARY FOREIGN WORKER based on my previous status as PGWP holder? If we choose VISITOR, then I think I have to go through the process of new WP which might take long time and I have to leave Canada as well, and if I choose TFW, then what should I do with my current restoration to Visitor Visa?

I am NOT from visa exempt countries and if I leave Canada without status, I have to apply again for visa in one of the Canadian embassy.
Please advise with your valuable experience.

(PMM, Job_Seeker, Marlee, and other friends, please help me and answer the questions)

Thank you all.

1. No, you may have visitor's status if your extension is approved, so to apply for a work permit, it will either have to be an outside office, or Port of Entry if you are eligible. No TRV, you aren't eligible to apply at a POE.
2. You are no longer a foreign worker as your TWP has expired, you have implied status as a visitor until you receive the approval/refusal of the visitor request.

 

[Also56]

Hi


1. No, you may have visitor's status if your extension is approved, so to apply for a work permit, it will either have to be an outside office, or Port of Entry if you are eligible. No TRV, you aren't eligible to apply at a POE.
2. You are no longer a foreign worker as your TWP has expired, you have implied status as a visitor until you receive the approval/refusal of the visitor request.

Dear PMM,


Thank you for your kind attention and reply. I have just one more question.

My request for restoring my status to visitor has not been processed yet. If before processing my request to change to Visitor, I receive Positive LMIA and still we are in the 90 days period since I have been out of status, is it possible to apply for restoration of WP and cancel the restoration as visitor ? Assuming once we get approval, still request to change to visitor is "OPEN" and "NOT PROCESSING".

I really appreciate you for sharing your knowledge with us.
God bless you and wish you all the best.

 

[Also56]

Dear PMM,


Thank you for your kind attention and reply. I have just one more question.

My request for restoring my status to visitor has not been processed yet. If before processing my request to change to Visitor, I receive Positive LMIA and still we are in the 90 days period since I have been out of status, is it possible to apply for restoration of WP and cancel the restoration as visitor ? Assuming once we get approval, still request to change to visitor is "OPEN" and "NOT PROCESSING".

I really appreciate you for sharing your knowledge with us.
God bless you and wish you all the best.

Dear Friends,

Can anybody answer my question or has anybody been in the same situation as I am?

Please advise.