Clarification on job title for TN !!

V

vizkiz2018

Member
Folks

I am in process of filing I-129 for COS from H1B to TN. The question that confuses my HR is that my job title internally in my organisation is "consultant" so how can we issue letter with CSA role. Since my existing H1B is used up and 6 years are about to expire in 2 months.

So i my HR was about to issue TN support letter with job title with "Computer Systems Analyst" and getting confused on whether it may lead to any issues since there is difference between CSA role vs "consultant" role which is internal to organisation.

@nelson like senior folks could advise......pl help understanding the process ..
 
Did your employer not applied for green card when you were on h1b? Just wondering. ..if your I-140 is cleared, you can extend h1 indefinitely until you get your ead
 
The internal title shouldn't matter. Unlike H1-B, your job description needs to match up with one of the TN categories. If you are doing the work of a CSA, then CSA is the appropriate category. Also unlike H1-B, your education must be closely ties to the category, so make sure that your education looks like a CSA, too.
 
Hi Nelsona
But my employer HR says since my internal role in organization is different than computer systems analyst role to apply for TN. Instead advising for other visa.

So am i eligible to apply for L1 after 6 yrs on H1B us up? in next 2 months its expiring. is there any other option? pl advise.
Changing to another employer and get TN is one option,
But if i want to continue, is there any option of switching to L1? pl advise
 
Well, if your job description is not that of a CSA, then, like I said, it doesn't match up for you getting a TN. Getting a job as an actual CSA would obviously be the solution, either with this firm, or another.
L1B is not going to help you, since (a) You would only be eligible to get L1B now, if you would have been eligible when you started on H1 (ie. worked for a year abroad with an affiliated company) and (b) The 6 years on H1 count against your L1 clock, which is only 5 years. So even if your were eligible, the clock has run out for L1B. I assume you would not be L1A (which has 7 year clock), because an executive position would not be eligible for TN.
The time to have addressed this was a year ago, when they could have commenced PERM, making you eligible for continued H1 extensions.
 
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