Change of Status from H1B to TN got RFE !!

V

vizkiz2018

Member
Hi Nelsona

My pp of I-129 for COS from H1B to TN got RFE. RFE says "how your degree qualifies you for the TN category".
By the way mine is AMIE in mechanical engineering. Could you pl advise how to proceed further?

thanks
 
Have your sponsor talk to their lawyers who prepared the I-129. Other than that I have nothing further on this. You don't even mention what TN category you applied for! I can't read minds. But your lawyer can.
 
vizkiz2018 said:
It was applied as CSA role under TN.
Click to expand...

I think that is a straight up NO since you have a degree in Mechanical Engineering and you are applying under Computer System Analyst role.
Your degree is not relevant to the role you choose.

Wait for other members to chime in on this as well.
 
I have been working in US on H1B since almost 16 years at various time periods. All of them accepts my evaluation of AMIE as 4 year degree equivalency and has not gotten any issue until now.

now all that i am requesting you gurus is give some guidance how to address this RFE. I do have certifications like CISA , CISM, CCNA, and few other...pl let me know whether they can help as supplementation documents.
 
@vizkiz2018 , The other members are right. It is very hard to prove your qualification matches the job when trying to get a TN. It has to really be apples to apples. From that point of view, the H1 is much easier, you can hold almost any degree and still qualify for an IT/software related job. On top of that, I have seen many of my friends who had it very easy in the last 6 years, find it difficult to get a TN. But your lawyers will know and hope it all works out for you.
 
As I might have mentioned to you, the link between TN and degree is MUCH tighter than for H1-B. Your case is perfect proof.

So what happened in the past regarding H1-B, has no bearing. Experience has no bearing. Certificates mean even less. You need a degree closely related to CSA. Or an overwhelming number of CSA related courses.

Talk to your lawyers. We can't answer an RFE for you.
 
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