Work permit extension

Hi

cgprasad1 wrote: <P style="MARGIN: 0cm 0cm 0pt" =Msonormal><FONT size=3 face="Times New Roman">Hello, <P style="MARGIN: 0cm 0cm 0pt" =Msonormal><?: prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p><FONT size=3 face="Times New Roman"> </o:p> <P style="MARGIN: 0cm 0cm 0pt" =Msonormal><FONT size=3 face="Times New Roman">I am in <?: prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:country-region w:st="on"><st1:place w:st="on">Canada</st1:place></st1:country-region> for more than 2 and a half years in a Work permit. <SPAN style="mso-spacerun: yes"> </SPAN>I have applied for the PR and my current WP expires by mid Dec 2012. <SPAN style="mso-spacerun: yes"> </SPAN>I am not sure whether my current organization will extend my WP beyond the above mentioned period. <P style="MARGIN: 0cm 0cm 0pt" =Msonormal><o:p><FONT size=3 face="Times New Roman"> </o:p> <P style="MARGIN: 0cm 0cm 0pt" =Msonormal><FONT size=3 face="Times New Roman">I am also not sure whether I will get my PR before the mentioned date. <SPAN style="mso-spacerun: yes"> </SPAN>Request you to help me that how can continue staying legally given this situation. <P style="MARGIN: 0cm 0cm 0pt" =Msonormal><o:p><FONT size=3 face="Times New Roman"> </o:p> <P style="MARGIN: 0cm 0cm 0pt" =Msonormal><FONT size=3 face="Times New Roman">Thanks

If you don't get a new LMO and work permit, then you can apply to remain as a visitor. You can't work though. Whether you can stay until you get your PR, that is another issue. It depends on how far long it is.

You don't mention where you are in your PR process and this is germane to the discussion.

Let's suppose you receive your PPR on December 1 and your WP expires on December 15.  In that case, you can submit a defective renewal application - e.g., a WP application without an LMO, that you know will be refused.  You would do so at the last moment (e.g., after December 10th) and via the slowest route (e.g., paper application).  Note that the application must be received by the expiration date, so use some sort of submission that gives you a confirmation of receipt (e.g., a courier service).

You would then be covered by implied status until they reject your work permit.  If your COPR is back prior to that point, you can flag pole and land.  You may then send a letter to Vegreville withdrawing your WP application and requesting a refund.

If they reject your WP, you will likely receive a departure order.  Note that if that happens, you must depart before it becomes a deportation order.  Stop working at that point.  If you then receive your COPR - after the departure order but before you must leave, if you can enter the US.  If you are refused entry into the US, the departure order remains in effect, but if you are allowed into the US, the departure order would be considered resolved.  You can then turn around and present your COPR and land.

I'm in a similar situation - my WP expired in early September.  The renewal application was submitted about three weeks earlier and processing time is currently posted as about three months. My passport is currently in LA awaiting issuance of the COPR; I hope to get the passport back very soon - likely before they process the WP.  In my case, I expect the WP to be granted, but I am covered by implied status - at least until two weeks from now when I have to fly to the US for work.  So I've worked through various permutations of this.

Good luck!