Provincial Nominee: Must I stay with Employer?

[Ruben2009]

Hi there:

I was nominated in November 2008 by the Province of NS and sent off my application for Permanent Residence in mid Nov.Also sent my Medical and its now over 3 months.however,My employer is closing down the project in June 2009 where I'm employed currently.

I know I can't work for anyone else on my current work permit, so I would just not work in Canada until I got my PR - Does anyone know if I leave my current employer before I get my Permanent Residence (if and when, fingers crossed!), will that invalidate my Permanent Residence application?

Anyone been in a similar situation who can provide any answers? please help.

 

[Leon]

I know in BC and AB, if you are no longer working for that employer, your PNP gets cancelled and you must apply again with a new employer. I don't know if they do that in NS. They may not care. Can your employer put you on temporary layoff instead of permanent?

On temporary layoff you may also be able to get EI benefits. Normally temporary workers can not get EI but I know a case of a company where they got it because they were listed on temporary layoff.

 

[Albertagoverner]

I know in BC and AB, if you are no longer working for that employer, your PNP gets cancelled and you must apply again with a new employer. I don't know if they do that in NS. They may not care. Can your employer put you on temporary layoff instead of permanent?

On temporary layoff you may also be able to get EI benefits. Normally temporary workers can not get EI but I know a case of a company where they got it because they were listed on temporary layoff.

Leon and Other Forum Members:

I think there is a big confusion regarding the term "same employer". There is no such thing that under AINP program you must be working for same employer with whom you were working, while you applied for Nomination. I will clear the this Myth:

Myth: You must be working for same employer with whom you were while yo applied for PNP and must remain untill get Nomination.

Reality: Since H1B Program consists of the portability of employer and one can chage the employer therefore even you applied for PNP in Dec 2008 with employer "A" and after getting file Number you changed your company and transfered H1B to company "B" in March 2009 whether for lay off or you got better opportunity, You can provide Notice of Action I 797 Approval with New Employer and Paystubs and you are still GOOD for nomination. There was a stupid confusion that changing employer will affect application. This confusion happend because some Non-technical staff of AINP spoke the same thing to people on Hot-line.These people didn't have that idea that H1B holder is allowed to change as many as employer provided to a New petition should be filed everytime. Therefore even you changed employer while PNP application is in process and you have paystubs and I797 with new employer, The candidate is GOOD for Nomination.

 

[Leon]

I know in BC and AB, if you are no longer working for that employer, your PNP gets cancelled and you must apply again with a new employer. I don't know if they do that in NS. They may not care. Can your employer put you on temporary layoff instead of permanent?

On temporary layoff you may also be able to get EI benefits. Normally temporary workers can not get EI but I know a case of a company where they got it because they were listed on temporary layoff.

Leon and Other Forum Members:

I think there is a big confusion regarding the term "same employer". There is no such thing that under AINP program you must be working for same employer with whom you were working, while you applied for Nomination. I will clear the this Myth:

Myth: You must be working for same employer with whom you were while yo applied for PNP and must remain untill get Nomination.

Reality: Since H1B Program consists of the portability of employer and one can chage the employer therefore even you applied for PNP in Dec 2008 with employer "A" and after getting file Number you changed your company and transfered H1B to company "B" in March 2009 whether for lay off or you got better opportunity, You can provide Notice of Action I 797 Approval with New Employer and Paystubs and you are still GOOD for nomination. There was a stupid confusion that changing employer will affect application. This confusion happend because some Non-technical staff of AINP spoke the same thing to people on Hot-line.These people didn't have that idea that H1B holder is allowed to change as many as employer provided to a New petition should be filed everytime. Therefore even you changed employer while PNP application is in process and you have paystubs and I797 with new employer, The candidate is GOOD for Nomination.

The OP is not applying for the H1B program in AB. He is applying for NS PNP. As I told him, I do not know the rules of NS PNP but I know for a fact that under AB PNP and BC PNP, if the nominee is no longer working for the employer who sponsored him, they will cancel his nomination although he can apply again when he finds a new employer. I know this because I know several people who are in the process of applying for PNP in AB sponsored by employer and BCguy has said it is the same in BC. The H1B program is different because you are not sponsored by an employer under the H1B program.

 

[Albertagoverner]

I know in BC and AB, if you are no longer working for that employer, your PNP gets cancelled and you must apply again with a new employer. I don't know if they do that in NS. They may not care. Can your employer put you on temporary layoff instead of permanent?

On temporary layoff you may also be able to get EI benefits. Normally temporary workers can not get EI but I know a case of a company where they got it because they were listed on temporary layoff.

Leon and Other Forum Members:

I think there is a big confusion regarding the term "same employer". There is no such thing that under AINP program you must be working for same employer with whom you were working, while you applied for Nomination. I will clear the this Myth:

Myth: You must be working for same employer with whom you were while yo applied for PNP and must remain untill get Nomination.

Reality: Since H1B Program consists of the portability of employer and one can chage the employer therefore even you applied for PNP in Dec 2008 with employer "A" and after getting file Number you changed your company and transfered H1B to company "B" in March 2009 whether for lay off or you got better opportunity, You can provide Notice of Action I 797 Approval with New Employer and Paystubs and you are still GOOD for nomination. There was a stupid confusion that changing employer will affect application. This confusion happend because some Non-technical staff of AINP spoke the same thing to people on Hot-line.These people didn't have that idea that H1B holder is allowed to change as many as employer provided to a New petition should be filed everytime. Therefore even you changed employer while PNP application is in process and you have paystubs and I797 with new employer, The candidate is GOOD for Nomination.

The OP is not applying for the H1B program in AB. He is applying for NS PNP. As I told him, I do not know the rules of NS PNP but I know for a fact that under AB PNP and BC PNP, if the nominee is no longer working for the employer who sponsored him, they will cancel his nomination although he can apply again when he finds a new employer. I know this because I know several people who are in the process of applying for PNP in AB sponsored by employer and BCguy has said it is the same in BC. The H1B program is different because you are not sponsored by an employer under the H1B program.

That's why People need to understand the term "sponsorship" and its enforceability. Alberta Govt can not change the terms of H1B program. I also made it clear that the statement "Must be working for same employer who sponsored you" Sponsorship merely means the Petition for a Non-Immigrant Worker I 129. That's it. It doesn't mean the employer who filed I 129 first time while you got H1B whether in Home Country through stamping or through Change of Status. One should not confuse the sponsorship with the first employer in case of AINP.

 

[Leon]

That's why People need to understand the term "sponsorship" and its enforceability. Alberta Govt can not change the terms of H1B program. I also made it clear that the statement "Must be working for same employer who sponsored you" Sponsorship merely means the Petition for a Non-Immigrant Worker I 129. That's it. It doesn't mean the employer who filed I 129 first time while you got H1B whether in Home Country through stamping or through Change of Status. One should not confuse the sponsorship with the first employer in case of AINP.

Huh? As I said, the OP is not applying for the H1B program in AB. The rules of the H1B program are completely irrelevant to him.

 

[Ell.Bee]

And this case is where the work permit is not a H1B, its a Canadian workpermit for Nova Scotia.

 

[sdesh005]

And this case is where the work permit is not a H1B, its a Canadian workpermit for Nova Scotia.

LOL, Yeah! The OP did not even mention H1-B even once in his post...its about the Canadian WP...and here was have Mr Governor who just gave everyone a crash course in H1-B Same Employer and related!
ROFL!!!!

 

[morepower]

Hi Ruben2009
I can't tell u for sure what's gonn ahappen in NS, just my experience in NB (!)
When our company shut down and layd off all the employees we had to aks the PNP office if the will withdraw the nomination. The did not - and told us just to do nothing. They also said that there will be nothing wrong if we'd find a new employer with LMO/WP.
I would reccomend to ask ur PNP in NS.
In ur case I would also ask ur empoyer if he really has to terminate ur contract. He might be able to keep u as "permanent and unpaid vaccation" and lay u off if everything is done.

And- there is still a chance that u will be PR befor u are done with ur job! Just believe in it- Live is good!

 

[Ruben2009]

Thanks a lot everybody for your concern about this issue. as I already mentioned I have had sent my medical its now over 3 months now but still haven't heard anything from them yet for passport request! So, I am thinking to send them an e-mail to know the status of my application.Can I send an e-mail to them to inquire about the status of my application? Is it safe to do that ?

Ruben2009

 

[Leon]

Yes, it should be fine to send an email and ask unless they are posting timelines on their website that are longer.

 

[Leon]

The employer may let them know or they may contact the employer or they may request that you get something from your employer etc. I don't know. You should call them, not say who you are but ask a hypothetical question about what happens in a case like that.

 

[Ruben2009]

Re: Must I stay with Employer? Got The Letter !

Hellow there everybody

I got the Passport Request Letter last week and sent out already. Anybody please advise me about the VISA assurance.what will happen If I'll get laid off now? Is there any possibility to refuse my application now? please advise, I certainly appreciate your time, thanks a lot.

Ruben

 

[boshu]

I know in BC and AB, if you are no longer working for that employer, your PNP gets cancelled and you must apply again with a new employer. I don't know if they do that in NS. They may not care. Can your employer put you on temporary layoff instead of permanent?

On temporary layoff you may also be able to get EI benefits. Normally temporary workers can not get EI but I know a case of a company where they got it because they were listed on temporary layoff.

I am getting laid off, but my application will be continued which was confirmed by immigration lawyer when my company's HR called them. Getting laid off due to economic downturn is unfortunate and an employee can do nothing in that regard. Its not a fault from employees end.

Also I am 100% eligible for EI even though I am temporary worker. I am eligible because I have worked and paid EI premiums for over 600 hours.
I visited the Service Canada office and consulted with the officials there. So no worries

 

[Manny]

Wow these regulations sound too good when you compare with the benefits that US employment/lay off provides!

I know in BC and AB, if you are no longer working for that employer, your PNP gets cancelled and you must apply again with a new employer. I don't know if they do that in NS. They may not care. Can your employer put you on temporary layoff instead of permanent?

On temporary layoff you may also be able to get EI benefits. Normally temporary workers can not get EI but I know a case of a company where they got it because they were listed on temporary layoff.

I am getting laid off, but my application will be continued which was confirmed by immigration lawyer when my company's HR called them. Getting laid off due to economic downturn is unfortunate and an employee can do nothing in that regard. Its not a fault from employees end.

Also I am 100% eligible for EI even though I am temporary worker. I am eligible because I have worked and paid EI premiums for over 600 hours.
I visited the Service Canada office and consulted with the officials there. So no worries