GC from TN Visa through EB3

The_Gift said:
why did you do consular process? in the first place? why does your situation seem so complicated when it shouldn't be??
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The plan was to do AOS, but there is a lot of wait time to for AOS. Also, my wife and kid were in Canada and i would have to bring them over and wait for 90 days before i initiate I-485.
CP seems to be the best option .............. so far !!!
 
There was nothing really wrong with CP, in his case, because family is outside. It was his lawyers failure to know to keep up his TN that has him in what the lawyer now thinks is a jam. he should have filed I-129 in October and we would have avoided about 50 posts in this thread.

It's the lawyer that is making it difficult.
 
I am on W2 right now and i do have the option of being on 1099 if i want. Below are some question:

1. For the TN renewal, the Job letter says the yearly compensation. Do we have to mention anything for 1099 ?
2. If we are already on a TN, do we have the option to switch back and forth with W2 & 1099 with the same employer? Do we have to notify USICS for either W2 or 1099 or all it matters is if i work for the provided employer?
3. Can i open my own LLc in US and get paid to the corp?
4. I am flying out on Sunday. Thinking about going to the border on Saturday to renew the TN. will that work?
5. For proof of CP, I have some confirmation emails from NVC that says the consulate to be Montreal. Is that good enough or is there any specific document ?
 
Be careful. You cannot be on 1099 once you get GC, so why do it for a few weeks now?
As for proof of CP, they would have this in your file, but an email will do (it should also be on your I-140, or on the form that "switched' you from AOS to CP, if that was done.
 
That is correct. W2 it is.

I think the documents are all ready. I just need to confirm if the Lynden/Pacific Crossing/Sumas border processes TN on the weekends.

Below is a list of all the documents. Please let me know if anything is missing.

Document List for TN Renewal:
1. Job letter
2. Company Profile/Job Duties
3. CSA print out from NAFTA
4. Updated Resume
5. Evaluation of Degree (from the previous TN)
6. Original Degree & Transcripts
7. Passport with existing I-94
8. Fee $56

Document list for TD Renewal:
1. Marriage Certificate
2. Kid's birth certificate
3. Passports with existing I-94
4. Fee $56 X 2

Document list for proof of CP and other documents if required:
1. Approved I-140 with photocopy
2. Email confirmation from NVC stating CP
3. Pay-stubs for the last couple of months
 
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Job duties should be in the letter. Resume is of no value whatsoever.
Feed for TD is $6
Paystubs not needed, This is a new TN, and not needed for I-140.
 
nelsona said:
Job duties should be in the letter. Resume is of no value whatsoever.
Feed for TD is $6
Paystubs not needed, This is a new TN, and not needed for I-140.
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Thanks a lot.

One more question. I am flying on Sunday. Is it a good idea to drive down to the border on Friday/Saturday just for TN renewal ?
 
nelsona said:
I would just get it at the airport.
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I am driving to Bellingham, WA and flying from there.

Also, in any case the officer doesn't understand the whole thing and decides to reject it, do i have an option of asking for a supervisor or is it too late ?
 
So, why did you mention you were flying? This implied to me that you were flying from Canada. I don't really care what day you go to the border. I would go as soon as I possibly could.
You should always ask for a supervisor when you don't get what you want.
 
nelsona said:
So, why did you mention you were flying? This implied to me that you were flying from Canada. I don't really care what day you go to the border. I would go as soon as I possibly could.
You should always ask for a supervisor when you don't get what you want.
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I wasn't clear i guess. I always fly back and forth to Bellingham,WA and drive to Canada and have the flight booked months in advance.

Let's see how it goes. Thanks for all the help.
 
Got the TN & TD for 3 years !!! :)

The officer asked for paperwork and gave him a file for TN and another for TD (I made copies of everything which saved them some time and they appreciated it).
Couple of officers came after 20 mins and asked for what exactly i do as a CSA. I answered all their questions and they asked if i do coding or not, to which i said NO (i am a functional guy, really don't code). Simple as that.
No questions about CP. This seemed a complicated scenario. Glad its over with a good result. Beer tastes so good today :)

Thanks for all the help @nelsona

Also, on the other hand, my CP expedite request was rejected (I had a feeling it will be rejected). No harm done as i got the new TN :)
 
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Knowing my luck, i was due for something and below is an incident that happened today.

I was crossing over to US by road "Nexus" (do it every week) and the officer asked me my duties as a CSA to which i explained "i go in and do analysis of their existing system for upgrades and enhancements. The basic Computer System Analyst stuff but without coding."

He told me i do NOT qualify for CSA as a CSA is supposed to write the whole new system (Coder ??) from scratch. He even said he's in a panel of officers who defined the whole process and he has rejected many TN Petitions and also cancelled many TN's. He mentioned that he can cancel my TN now but i should talk to my employer and switch to H1 and let me go, or my TN will be cancelled sooner or later.

What are the real job duties of a Computer System Analyst (CSA) for TN visa ?

Everywhere i see, there is nothing that says CSA is supposed to write the whole system (more like Computer Programmer) and it is a known fact that coders (Programmers) do not qualify for TN but the Officer told me otherwise.

Below is a link for CSA from USDOL:
https://www.bls.gov/ooh/computer-and-information-technology/computer-systems-analysts.htm#tab-1

Here is the TN handbook that i found and it says the below for CSA: This is exactly what i do
(H) The computer systems analyst category does not include programmers. A systems analyst is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems. Systems analysts study the organization itself to identify its information needs and design computer systems that meet those needs. Although the systems analyst will do some programming, the TN category has not been expanded to include programmers.
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I saw some posts in this forum that TNs got rejected when they said they will "code". Its weird !! Which POE you tried to enter into?
 
CDN9 said:
I saw some posts in this forum that TNs got rejected when they said they will "code". Its weird !! Which POE you tried to enter into?
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That is what i am thinking. I didn't even argue once he told me he will let me go this time and check with my employer.
Pacific Crossing.
 
SS0033 said:
Knowing my luck, i was due for something and below is an incident that happened today.

I was crossing over to US by road "Nexus" (do it every week) and the officer asked me my duties as a CSA to which i explained "i go in and do analysis of their existing system for upgrades and enhancements. The basic Computer System Analyst stuff but without coding."

He told me i do NOT qualify for CSA as a CSA is supposed to write the whole new system (Coder ??) from scratch. He even said he's in a panel of officers who defined the whole process and he has rejected many TN Petitions and also cancelled many TN's. He mentioned that he can cancel my TN now but i should talk to my employer and switch to H1 and let me go, or my TN will be cancelled sooner or later.

What are the real job duties of a Computer System Analyst (CSA) for TN visa ?

Everywhere i see, there is nothing that says CSA is supposed to write the whole system (more like Computer Programmer) and it is a known fact that coders (Programmers) do not qualify for TN but the Officer told me otherwise.

Below is a link for CSA from USDOL:
https://www.bls.gov/ooh/computer-and-information-technology/computer-systems-analysts.htm#tab-1

Here is the TN handbook that i found and it says the below for CSA: This is exactly what i do
(H) The computer systems analyst category does not include programmers. A systems analyst is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems. Systems analysts study the organization itself to identify its information needs and design computer systems that meet those needs. Although the systems analyst will do some programming, the TN category has not been expanded to include programmers.
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I just need to travel to Canada 1 more time.
In any case, if the TN is cancelled, can that jeopardize the GC process?
 
>I just need to travel to Canada 1 more time.
>In any case, if the TN is cancelled, can that jeopardize the GC process?

Each application, your TN and your EB Green Card, are supposed to be decided separately based on the merits of the application. Each application has separate criteria for approval.
If the CBP no longer considers your CSA duties meets the criteria of TN status, then your TN status will be revoked and you will be denied entry to US.

This is the main weakness of TN versus H1B. When entering on TN, each entry to the US, CPB can in theory "re-adjudicate" your TN status and potentially deny it. (I understand this is very rare, but your posts above show it is possible in your situation). When entering on H1B, the CPB cannot "re-adjudicate" your H1B status.

Your employer and employer's lawfirm obviously believe your education, experience and duties meet the criteria for EB Green Card (not sure if you filed EB2 or EB3, should not matter). I assume the I-140 has been approved and you are waiting for I-485 interview and approval.
During your I-485 interview you will be asked all the questions on the I-485 form, one of them being, "have you ever been denied a visa", to which you will have to answer "yes, I was denied TN status by CBP". It should not matter as the criteria for EB Green Card is different than TN status. Your I-140 was approved so you met the criteria for EB GC. But I am sure you will be nervous answering that question.

If you read my previous posts, I started on TN in 2015, tried to move to H1B in 2016 but was not picked in lottery, tried again to move to H1B in 2017 and was picked in lottery, but then issued RFE, then issued denial (specialty occupation). My company filed MTR and was ultimately approved H1B. Then the I-140 was filed and approved.
I had a similar question to my lawyer, "since my H1B was denied, will that jeopardize my GC application?"
He said, each application is decided separately, and since my I-140 was approved I should be fine.
But when it came to the actual Green Card interview and I was asked the question, "have you ever been denied a visa?", I was super nervous when I said, "yes, I was denied H1B, but it was ultimately approved", the interview did not even blink an eye, he just moved on to the next question. At the end of the interview he handed me a printout saying my GC was approved, wait for the card to be delivered in the mail.

The facts on my situation are different that your situation, so your choice.

If it were me, and I was so close to the finish line (GC interview), I would question if I really need to leave the US and re-enter one more time.

Good luck. Let us know how it goes.
 
Amberleaf said:
>I just need to travel to Canada 1 more time.
>In any case, if the TN is cancelled, can that jeopardize the GC process?

Each application, your TN and your EB Green Card, are supposed to be decided separately based on the merits of the application. Each application has separate criteria for approval.
If the CBP no longer considers your CSA duties meets the criteria of TN status, then your TN status will be revoked and you will be denied entry to US.

This is the main weakness of TN versus H1B. When entering on TN, each entry to the US, CPB can in theory "re-adjudicate" your TN status and potentially deny it. (I understand this is very rare, but your posts above show it is possible in your situation). When entering on H1B, the CPB cannot "re-adjudicate" your H1B status.

Your employer and employer's lawfirm obviously believe your education, experience and duties meet the criteria for EB Green Card (not sure if you filed EB2 or EB3, should not matter). I assume the I-140 has been approved and you are waiting for I-485 interview and approval.
During your I-485 interview you will be asked all the questions on the I-485 form, one of them being, "have you ever been denied a visa", to which you will have to answer "yes, I was denied TN status by CBP". It should not matter as the criteria for EB Green Card is different than TN status. Your I-140 was approved so you met the criteria for EB GC. But I am sure you will be nervous answering that question.

If you read my previous posts, I started on TN in 2015, tried to move to H1B in 2016 but was not picked in lottery, tried again to move to H1B in 2017 and was picked in lottery, but then issued RFE, then issued denial (specialty occupation). My company filed MTR and was ultimately approved H1B. Then the I-140 was filed and approved.
I had a similar question to my lawyer, "since my H1B was denied, will that jeopardize my GC application?"
He said, each application is decided separately, and since my I-140 was approved I should be fine.
But when it came to the actual Green Card interview and I was asked the question, "have you ever been denied a visa?", I was super nervous when I said, "yes, I was denied H1B, but it was ultimately approved", the interview did not even blink an eye, he just moved on to the next question. At the end of the interview he handed me a printout saying my GC was approved, wait for the card to be delivered in the mail.

The facts on my situation are different that your situation, so your choice.

If it were me, and I was so close to the finish line (GC interview), I would question if I really need to leave the US and re-enter one more time.

Good luck. Let us know how it goes.
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I don't want to jeopardize the process but i have my medical and that's the reason why i need to cross one more time.
 
> I don't want to jeopardize the process but i have my medical and that's the reason why i need to cross one more time.

Well I recommend to come up with a contingency plan then. If your TN is revolked and you are refused entry to the US, how are you going to get to your GC interview?
 
Amberleaf said:
> I don't want to jeopardize the process but i have my medical and that's the reason why i need to cross one more time.

Well I recommend to come up with a contingency plan then. If your TN is revolked and you are refused entry to the US, how are you going to get to your GC interview?
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It's Consular Processing, so it will be in Canada.
 
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