Hello Everyone,
I am a Mexican citizen, and I am currently working in NY under my OPT. My OPT will be expiring on November 5th; therefore, I am planning to travel to Mexico and change my status before my OPT expires.
At the same time and due to the economic crisis, my employer is just being able to pay me 60 % of the official Engineering hourly wage that the USCIS establishes for the H1B visa. As a result, I started looking for jobs, and as soon as I find a new job, I will be changing jobs. This will force me to apply again for the TN status, which will require that I travel to Mexico for another 1 to 2 weeks in order to update the TN status.
So my questions are:
1) I know that there is not minimum wage to cover, but do you know of cases where the TN status has been rejected due to a salary below the average wage for a specific profession? Should I directly tell the embassy officer the reason that I am receiving just the 60 % of the minimum salary? (which is that the company is in red numbers and the original promised salary can not be paid at the moment but as soon as the circumstances improve they will increase it)
2) My understanding is that as soon as you quit your job, you need to return to your country, and as soon as you get into the US you should be starting you job. So, how long can I be searching a house and relocate between leaving the US and reentering to the US?
3) Can I submit a I-129 application to USCIS instead of going to Mexico again? If yes, do I need to be working in the meantime with my previous employer and once I get the new permission, quit?
4) In the U.S. embassy in mexico, would not look strange that I am changing status so frequently?
Thank you for your help.
With regards,
Jaime
I am a Mexican citizen, and I am currently working in NY under my OPT. My OPT will be expiring on November 5th; therefore, I am planning to travel to Mexico and change my status before my OPT expires.
At the same time and due to the economic crisis, my employer is just being able to pay me 60 % of the official Engineering hourly wage that the USCIS establishes for the H1B visa. As a result, I started looking for jobs, and as soon as I find a new job, I will be changing jobs. This will force me to apply again for the TN status, which will require that I travel to Mexico for another 1 to 2 weeks in order to update the TN status.
So my questions are:
1) I know that there is not minimum wage to cover, but do you know of cases where the TN status has been rejected due to a salary below the average wage for a specific profession? Should I directly tell the embassy officer the reason that I am receiving just the 60 % of the minimum salary? (which is that the company is in red numbers and the original promised salary can not be paid at the moment but as soon as the circumstances improve they will increase it)
2) My understanding is that as soon as you quit your job, you need to return to your country, and as soon as you get into the US you should be starting you job. So, how long can I be searching a house and relocate between leaving the US and reentering to the US?
3) Can I submit a I-129 application to USCIS instead of going to Mexico again? If yes, do I need to be working in the meantime with my previous employer and once I get the new permission, quit?
4) In the U.S. embassy in mexico, would not look strange that I am changing status so frequently?
Thank you for your help.
With regards,
Jaime