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WP expires, what are my options?

A.B.123

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Jan 15, 2015
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I'm on a post graduate work permit and have a LMIA exempt job, applied for PR through EE with a score of 402. My WP expires on May 23d. I informed my employer about my situation several months ago. He then said, "oh don't even worry, you are not going to leave, we'll sort it out". He then decided to proceed with a LMIA but there was always something in the way. He didn't want to pay for the ads, couldn't log in to jobbank etc. etc. Finally, created a jobbank ad on April 7th and
I created additional ads on free job seeking sites. Beginning of May, he was told "by government", that we now need to advertise the position for 2 months instead of one. So, the ad expired beginning of May but he can't log in to his jobbank cause he lost his password. He also doesn't want to pay the LMIA fee of $1000,00 as he revealed last week.
I told him about a EE specific LMIA which is free but I won't be able to work until I get PR. So, basically there is only 2 options available for us:
- he pays $1000 and we will have to wait 3 months and I will have to stop working anyways
or
- he doesn't pay anything and we will have to wait for 6 month
Am I correct? Are there any other options for us in this situation?
And then, what should I do? Should I switch to a visitors visa and wait for PR in Canada of should I go home? Please help me because I am very confused anf frustrated. Any recommendations will be much appreciated here.
 

jemdill

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Oct 20, 2014
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A.B.123 said:
I'm on a post graduate work permit and have a LMIA exempt job, applied for PR through EE with a score of 402. My WP expires on May 23d. I informed my employer about my situation several months ago. He then said, "oh don't even worry, you are not going to leave, we'll sort it out". He then decided to proceed with a LMIA but there was always something in the way. He didn't want to pay for the ads, couldn't log in to jobbank etc. etc. Finally, created a jobbank ad on April 7th and
I created additional ads on free job seeking sites. Beginning of May, he was told "by government", that we now need to advertise the position for 2 months instead of one. So, the ad expired beginning of May but he can't log in to his jobbank cause he lost his password. He also doesn't want to pay the LMIA fee of $1000,00 as he revealed last week.
I told him about a EE specific LMIA which is free but I won't be able to work until I get PR. So, basically there is only 2 options available for us:
- he pays $1000 and we will have to wait 3 months and I will have to stop working anyways
or
- he doesn't pay anything and we will have to wait for 6 month
Am I correct? Are there any other options for us in this situation?
And then, what should I do? Should I switch to a visitors visa and wait for PR in Canada of should I go home? Please help me because I am very confused anf frustrated. Any recommendations will be much appreciated here.

Why you can't pay him $1000 if he can help you to get LMIA?
$1000 is nothing if he is willing to get you LMIA. Once you get it he can apply for a new work permit for you and till then stay as a visitor.
 

purplesnow

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Feb 1, 2015
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jemdill said:
Why you can't pay him $1000 if he can help you to get LMIA?
$1000 is nothing if he is willing to get you LMIA. Once you get it he can apply for a new work permit for you and till then stay as a visitor.
oh jesus. the applicant CANNOT pay the $1000, it MUST be paid by the employer.
 

A.B.123

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Jan 15, 2015
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jemdill said:
Why you can't pay him $1000 if he can help you to get LMIA?
$1000 is nothing if he is willing to get you LMIA. Once you get it he can apply for a new work permit for you and till then stay as a visitor.
pfff, he is supposed to pay for that, that's even in the rules issued by ESDC. whay would I pay for it? it's Canada and not some corrupted country, right?

Employers must be aware that Employment and Social Development Canada (ESDC), has a policy that prohibits employers and third-party representatives from recovering the LMIA processing fee from foreign workers.
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml
 

Jaiveer Singh

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Aug 22, 2013
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purplesnow said:
oh jesus. the applicant CANNOT pay the $1000, it MUST be paid by the employer.
Mere common sense, if employer is not paying then applicant can procees by paying 1000$. If he is not paying then why applicant would suffer so its better to pay on behalf of employer all fees in order to get status otherwise, show super honesty and go back to respective after paying thousands of dollars and 4 to 5 years of your life.
 

A.B.123

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SADIESAMMI said:
it's Canada and not some corrupted country, what different?

U want to stay or U want to leave?

up to u..
ok, let it be one option to offer him $1000 for LMIA. (but I don't think I'll go for it).
 

Jaiveer Singh

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A.B.123 said:
pfff, he is supposed to pay for that, that's even in the rules issued by ESDC. whay would I pay for it? it's Canada and not some corrupted country, right?
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml
You have to decide whether to stay by giving mere 1500$ or want to leave? If you cant pay then you know the consequences and that is bye bye canada
 

A.B.123

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Jaiveer Singh said:
You have to decide whether to stay by giving mere 1500$ or want to leave?
Why is it now $1500 already? :) it was 1000 originally. No, this could be an otion but I am not going to do that.
 

A.B.123

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Jaiveer Singh said:
You have to decide whether to stay by giving mere 1500$ or want to leave? If you cant pay then you know the consequences and that is bye bye canada
there is also a EE specific LMIA, right? that one is free.
 

Jaiveer Singh

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Aug 22, 2013
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A.B.123 said:
Why is it now $1500 already? :) it was 1000 originally. No, this could be an otion but I am not going to do that.
Thats totally your call buddy. 1000$ plus advertisement in local newspaper for more than 2 months which will be 250 to 400$. Consider the whole hidden cost too
 

A.B.123

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Jaiveer Singh said:
Thats totally your call buddy. 1000$ plus advertisement in local newspaper for more than 2 months which will be 250 to 400$. Consider the whole hidden cost too
I advertised on free jobsites. what's "hidden cost"?
 

Jaiveer Singh

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A.B.123 said:
there is also a EE specific LMIA, right? that one is free.
Yes there is but you cannot work till you will not get lmia and processing time of Lmia is not disclosed they say 8 weeks but consider 6 months or more or less it depends
 

wifedoctor

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App. Filed.......
17-06-2015
AOR Received.
17-06-2015
Med's Done....
02-07-2015
Passport Req..
27-10-2015
When you apply for PR wouldn't you be able to also apply for an open work permit?

Your employer seems dodgy, forgetting passwords and so on. Apply without LMIA, get an open work permit, and you can continue to work on implied status until you get your OWP or PR.

You shouldn't pay the 1000$ it is specifically stated on the website, and it is actually a question on the LMIA application!!
 

Jaiveer Singh

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A.B.123 said:
I advertised on free jobsites. what's "hidden cost"?
Read the instructions carefully, you have to advertised on local newspaper too