Compiling tips on TN Application and advice on my TN renewal after my H1-B expired

T

tmac6767

Registered Users (C)
First off, I have spent the last two sleepless night reading through this board. And I am really impressed by the forum members here. They are generally really helpful and very knowledgeable. I am hoping that you can help me shine a light for my situation.

My Background (You can skip it)
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I am a Canadian engineer working in a fortune 500 US company in Chicago.

I started at 2001, renewed my 1 year TN Visa twice, change my status to H1-B visa and renewed my H1-B visa.

My H1-B renewal status has ended last month, April 30th. I filed for H1-B extension which should be good till January,2010.

Giving the fact that US is in recession and my company has recently has a round of lay off, my company is having difficulty in filing my Labor Certification (LC) and the company's lawyers advice me to file for TN visa or take 1 year assignment outside of US and apply for L1-A or L1-B visa and come back to US.

Fortunately, taking 1 year assignment outside of US (telecommuting from Canada) is a possibility. My manager is not too trilled but he is willing to help me out. Since I am settled here, I would like to attempt to apply for TN status first. If I can't renew it, well, I will be telecommuting from Canada.

Questions
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1. Well I am afraid of my chances of TN Visa application as a Senior Engineer. I have been in US for 8 years (2 1year TN, H1-B and extension) and I am afraid that US immigration officer may turn me down. I do not plan to stay in US, but I really like my job. From the threads that I have read so far, it is up to the mood of immigration officer at the time :confused: I know it is arbitrary, but I am wondering my chances of obtaining a TN visa.

2. If my TN visa application is turned down, will I be able to enter to US (and continue working in US for my remaining time in H1-B extension).

3. If my TN application is turned down, Can I reapply for TN visa say the next day at a different POE?

4. Is it generally better to apply at an airport (say Toronto airport) (well there is a chance that you may missed a plane or wold not be allow to fly back to US??) or land (say Detroit)?

I am compiling tips on TN application interview questions and answers/process/documents from other threads, so it may be helpful to other TN applications :D

Tips on TN Application
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1. Make sure that your job offer letter state how long the work is for (i.e 3 years), in order to help you obtaining 3 year TN Visa.

2. If the immigration officer asked how long are you planning to work, the best answer is "As far as I know, my employer offer me a 3 year commitment and this is it" Don't answer I plan to renew it, or I plan to come back in a year or so.

3. I think it doesn't hurt to mention if you own a property in Canada. Family, bank account, etc any information that tied you to Canada, will show that you are not intending to migrate to US should help.

4. From archive threads, not all POE, PFI has free trade officer stuffed at all times. I personally plan to go through Pearson airport during office hours and give myself 2-3 hours for TN application. I figure officers at Pearson should be used to handling TN applications.

5/ ... To be updated - Please post it in the thread and I will update them.


Documents to bring
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- letter from employer
- Original degree & original transcripts
- Passport
- Resume (optional: according nelsona thanks :) )
- I personally plan to bring proof of ownership of my property that tied me Canada
- For my unique situation, I plan to bring proof of H1-B extension filing in case my TN application is turned down.


Letter from employer should mention the following ( from another archive thread)
1) The Job Title
2) A job description
3) A length of employment (3 years and it will be helpful if the project is temporary)
4) A Start date (This can be an actual date in the future, or it can say, "as soon as possible, upon arrival")
5) Yearly/Hourly salary.
6) The person's name responsible for hiring her within the company
7) That person's original signature, not a digital printout of the signature.
8) All this must be on company letter head.
9) Letter must be dated.
10) A good optional section can describe what the company does.


Thank you in advance for your help. I wish there is a way to buy you guys a beer or donate money to forum for your helpful threads :rolleyes: If you can think some way for me to contribute, please post it too :D

Cheers,

Terry

Revision History: Updated with Letter from employer details.
 
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1. was there a question? There is no time limit on TN regardless of how long you've been in other statuses.
2. Yes, if your TN is turned down on technical issue (missing or poor document) you will be let in on your remaining h1.
3. You should noy POE-shop. If denied, fix the problem and go back to that POE, same officer even.
4. six of one, IMO

On your list of documents, a resume is not needed. Either it is more than you need (a degree stands without experience), or it is insuffiicient without supporting letters for your experience (if you have only a diploma). Since you have a Engineering degree (i trust its not a diploma), resume is useless.
 
nelsona said:
1. was there a question? There is no time limit on TN regardless of how long you've been in other statuses.
2. Yes, if your TN is turned down on technical issue (missing or poor document) you will be let in on your remaining h1.
3. You should noy POE-shop. If denied, fix the problem and go back to that POE, same officer even.
4. six of one, IMO

On your list of documents, a resume is not needed. Either it is more than you need (a degree stands without experience), or it is insuffiicient without supporting letters for your experience (if you have only a diploma). Since you have a Engineering degree (i trust its not a diploma), resume is useless.
Click to expand...

Thanks for a quick reply. What is point "4. six of one" means? I updated the Document section about degree.
 
"six of one" is a common expressionshort for "six of one, half-dozen of the other" meaning no difference either way.

Guess English is not your first language
 
nelsona said:
"six of one" is a common expressionshort for "six of one, half-dozen of the other" meaning no difference either way.

Guess English is not your first language
Click to expand...

Thanks, I am not familiar with the idiom. Well I learn something new today :)
 
I got one more question for nelsona :) or anyone.

I have filed for H1-B extension and my lawyers told me that as long as you file for H1-B extension, you are OK to continue working in US for another 240 days. If my TN application is turned down, can I come back to US based on my H1-B extension filing?

Thanks a lot,

Terry
 
No. This was important info you left out. You can only enter US on VALID status. The 240 days grace period only appplies while you remain in US.

So to be safe, you need to either get the TN before your current H1 expires, or wait until after it is approved. Otherwise leaving US and going for TN during the period between expiry and next approval is risky, and not waranted in my opinion.

btw, editing your original post to add a question is not best practice. Just add to the thread.
 
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nelsona said:
No. This was important info you left out. You can only enter US on VALID status. The 240 days grace period only appplies while you remain in US.

So to be safe, you need to either get the TN before your current H1 expires, or wait until after it is approved. Otherwise leaving US and going for TN during the period between expiry and next approval is risky, and not waranted in my opinion.

btw, editing your original post to add a question is not best practice. Just add to the thread.
Click to expand...

Thank you so much nelsona. You just saved me from a huge potential headache that may have cost my job. I wish I can buy you a beer. Let me know if you have a Paypal account :)

My proposed plan is
1. Wait for H1-B extension approval.
2. Attempt to apply for TN Visa.
3. If my TN application is successful, I will be good for hopefully 3 more years.
4. If my TN application is rejected, I am OK to work in US based on my successful H1-B extension. If the reason for the reject is fixable, fix it and retry again.
5. Worst case scenario, My H1-B extension time run out at January 2010, take one year assignment outside of US (i.e. telecommute from Canada), and apply for L1-B visa at the end 1 year period.

I think this is my best strategy. Offcourse, my life will be on hold for the next 6 months - no visits to my family in Canada, short term lease on my apartment, no part time grad school, etc ... :(
 
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TheRealCanadian said:
If there's an H-1 extension in the works, why are we seeking a new TN?
Click to expand...

I have renewed H1-B once, I can't renew it anymore. I am filing for H1-B extension to recover 270 days or so that I have spent outside of US during H1-B period. When that extra 270 days expired, I can't legally work in US. Therefore I am applying for TN visa.
 
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