First time TN-1 visa question

I

ivanrdgz

Registered Users (C)
Hi to everybody. This is very helpful place, Thanks in advance to all participants.

I have a offer letter from an employer in USA and the letter was plagiarized from the one posted on the internet. I am applying as a CSA. I have a Master of Science degree in mechanical engineering (Aircraft Mechanical Engineer). I always has been working in the computer field (Programmer, Database Analyst, System Analyst, Database Design and Administration, etc) My last 4 years I has been employed as a Database Analyst here in Canada. I have taken different Microsoft courses in Database Administration and Designing mainly.

I understand (from what I have read here) that my chances to get into troubles crossing the border are kind of high (other sources say that it is a 50/50 situation depending on the person on the POE). I am even considering the option to get a lawyer (kind of expensive but it is an option). So is there any advice you could give me, specially from other who has been in a case similar to mine?

And my other question: May I go to the border to apply for the TN-1 visa by car, and in the positive event, joib ny future employer and start working from the day posted in my letter and then, let say, after 1 month, may I can back to Canada, pickup all my stuff (including my wife and my son) and cross the border again but this time already having my TN-1 status? What do you think?

It is kind of scary to show up at the border with a haul truck fully loaded and being denied the visa. I already sold my house and planning to rent something for my wife and my son in the mean time.

Thanks,
 
Ivan, given the information you have posted, I don't like your chances of being granted a TN. Your education credentials are not in line with that of a CSA and your experience is indicative of a Programmer and not a CSA. Consulting a lawyer on this would probably a prudent action.

When I applied for my first TN, I drove to the border with my package and was granted TN status. Even though my case is very solid, I still was concerned. After my passport was stamped and I received my I-94, I drove further into the U.S., had something to eat and returned to Canada later that evening. The next day I gave my notice to my current employer, and started packing.

Your dependants can apply for a TD when you cross the border when you move.

Hope this helps.

Alta Al
 
Hello Ivan,
I can feel your pain, not long ago I was in the same situation, I applied as CSA with an Electrical Engineering degree, even though I have been working as a programmer, DBA, etc for several years. I was rejected the first time at Buffalo POE, because of my degree not matching the category. I had no choice but to get legal advice, the letter was rewritten and the employer was willing to cooperate in changing the job duties and the category. This time a was extremely nervous but I was advised to go to the same POE and have an explanation ready in case the office would inquire about the change in the letter (employer not familiar with TN, blah, blah). Anyways, this time I got a different officer who did not ask any questions, and did no bring up my previous rejection) and my TN was granted in about 30 mins (he took my papers, went inside the office) came out, gave me the I-94.
All I can say is, that it is possible with a well written letter, and also letters of previous employers proving experience as a CSA(no coding involved) could be of help.
Good luck and don't give up,
Lisa
 
Thanks Lisa for your input. It is highly appreciated.
My employer has been very nice and provided me with the letter stating Computer System Analyst, the duties of a CSA and the rest as the standard letter example published here. During my last 3 and half years with my current employer I have been doing exactly what a CSA does and it will be reflected on a letter of reference I will take from the employer. There is not mention to any programming.

Could you please point out what exactly was wrong in your first letter that caused the rejection?

Thanks again for your reply.
 
Hello Ivan,
There was nothing wrong with my first letter, only the officer at the POE said my degree did not qualify for CSA, he read my transcripts and there were only a few computer related courses so he said I could not apply as a CSA and turned me away.. Then the letter was rewritten modifiying the job duties a little bit, we keept the CSA job duties but added a few more so my category could be changed to Engineer with a System Engineeras job title. I can't tell you how it will work for your case but it did work for me.
It all depends of the officer you get. But if you can afford it I would get legal advice,it is helpful in borderline cases like ours.
Good luck,
Lisa
 
OK, I took my chances today at the Lewiston POE and I was told to go to the Rainbow Bridge POE because my degree not matching the CSA title and the officer told me that he was no qualified enough to give a more detailed analysis to my application. So I went to the Rainbow Bridge hoping to have a better chance, but unfortunately I was denied for the same reason. The officer (an old and very nice man) took the letter, the evaluation of my degree and a copy of the original degree, went inside and in about 40 minutes called me and explained that he couldn't grant me a TN-1 visa because of the degree Master of Science in Engineering was not a match to the CSA. None of my explanations about experience, reference letters etc had any success. He suggested to apply for H1B (oh, thanks great man!).

That is my story. I hope it will contribute to help others like me to make the right decision before applying. Now I guess I need professional legal help for sure :)

Any advices and opinions are more than welcome!

Happy New Year to all of you!!
 
I got legal help and actually, the POE officer didn't bother to look at that. He only wanted the offer letter, stating the position, the salary, and the duties. It was really well written.

Funny how the company spent $1000 on a lawyer and the documents he wrote were pretty much "useless".

Instead, the HR's documents put me through for TN. The offer letter has to match your duties and your degree - that's the only way.
 
Okay let's think about this for a minute. There is a cateory for Scientific Technician whereby the person does not need a degree, but needs to posess the theoretical knowledge for this category. I have been on this for ten years and do not have a degree in the specific field, but some courses and work experience in my field of expertise. It can be done. If you want more info let me know.

An aquaintance out of Toronto who is an Optometrist had to come in as a medical technician even though the degree he has equivalent to a doctorate.
 
TN visa granted!

After retaining a lawyer my TN visa was granted at Peace Bridge POE as a Scientific Technician Software Engineer. Just for your information.

Thanks to all that answered my questions.
 
Fantastic.

I hope I was able to help. This is a little know semantic to use for the technical and non technical people where the degree doesn't quite match the job :)
 
ivanrdgz, can you please let me know the name of the lawyer that helped you get TN. I am in a similar situation and need help.
 
Hi ivanrdgz,

could you pl let me know who the lawer is, i am also sailing in same boat. The give RFE for my TN visa application due to my mechanical engineering degree . RFE says " how your degree qualifies you under TN catagory".
 
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