PGWP extension - LMO required or NAFTA?

[el_canuck]

I am currently on a Post-graduate Work Permit and am awaiting decision on my Permanent Residency under the Canadian Experience Class. I have read in several cases on this forum and elsewhere that my employer must apply for an LMO to extend my work permit. However, I am a US citizen working in Canada as an Engineer and it looks like I am exempt from an LMO and can instead apply for a NAFTA work permit.

Does this not apply for those working under the PGWP program? Should my employer inquire about an exemption? Can anyone advise the best way to proceed?

Thanks!

 

[kweirley]

Canuck, you're in a tricky situation. PGWP's cannot be extended. If your job is eligible for a regular (closed) work permit, however, you could apply to change your status. For this, you would need to get an LMO, though.

 

[kweirley]

(Sorry, completely missed your bit about being eligible for a NAFTA work permit.)
You should definitely go for it, check the box for "change you conditions" on the form, and then if the applicaiton is still in process when your current permit expires, you will ikely be considered on "implied status" although this is one of the grey areas for implied status, which is supposed to apply only to extensions of status, and I'm not sure if this would count.

 

[el_canuck]

Well, I spoke with someone from the call center at CIC. He had to put me on hold to check but confirmed that I should be exempt from an LMO and can simply send them an employment confirmation letter and a copy of my diploma with my application. Sounds too easy!

He didn't mention the detail of "changing my conditions", but said I would have implied status and should just apply before my permit expires. This is a bit of a dilemma, because I would like to be certain of my status before my permit expires as I have a family and career in Canada. Processing times are at 135 days right now for Vegreville, and it takes 4 months to get an LMO if I ended up needing one.

With my PGWP expiring next March, it looks like the conservative option is to apply now for a closed work permit. If it is granted in 4 months, it should buy me enough time finish the PR process (who knows...). If they decide I need an LMO (after 4 months), I will have enough time to get one (another 4 months), which will just barely give me enough time to apply again and have implied status.

Am I missing anything here? I might be making this too complicated and should just apply under NAFTA next February, but I want to be sure. Should I call CIC again and get a second opinion? Lawyer up?