I've been H1B working as Systems Analyst in US for 4 years. Now will apply for TN for a new job as Systems Analyst. I have a masters degree in public health. My question is: am I qualified? Does their system (at the border) has my records as a Systems Analyst under H1B? I'll bring TN letter and employment verification letter along with current I-797.
H1B to TN question
- Thread starter hjf
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hjf said:
Yep, your H1 is no longer valid when you get the TN, can't be on both at the same time. You'll probably get a new I-94 as well, I did when I went H1B to TN (but when I went TN to H1 I kept the same I-94 so I'm not sure if that is by design or someone screwed up).
TheRealCanadian
Volunteer Moderator
eddie_d said:
There is nothing that makes such a claim. If you have a degree, you require no experience. At the same time, 4 years' of experience will NOT prevent the inspector from rejecting the TN on the grounds of an unrelated degree.
I would emphasize if questioned that USCIS has already considered the degree to be sufficient when they granted the original H-1B.
TheRealCanadian said:
I guess things have changed. When I was doing the TN thing, the degree had to be in a related field to the TN profesison, ie public health and systems analyst wasn't going to cut it. If ithe degree wasn't related option 2 was any degree plus 3 years of related experience. I had 5 TNs in total and each time I had to show one of the options.
My degree was in finance with a minor in MIS. I went to the US straight after graduation with 0 experience. At first I was going to be denied entry because my degree did not match the TN profession. It took some time but I persuaded the INS officer that my minor in MIS was sufficient. I knew a couple of people who were not let in because they had BAs in history or englist lit and were trying to be CSAs.
TheRealCanadian
Volunteer Moderator
hjf said:
Not at all - I am emphasizing that this has NEVER been the case. However, you can use your experience to claim that you truly are a Systems Analyst.
Maybe.
Thanks again!
This is getting technically scary! So the odds is 50/50?
So they could grant me TN because they approved my H1B as a Systems Analyst? Is the Systems Analyst qualification the same for H1 and TN?
or
They could just deny just because my degree is not computer science? Is there a specific rule saying the degree has to be computer science?
This is getting technically scary! So the odds is 50/50?
So they could grant me TN because they approved my H1B as a Systems Analyst? Is the Systems Analyst qualification the same for H1 and TN?
or
They could just deny just because my degree is not computer science? Is there a specific rule saying the degree has to be computer science?
curiousGeorge
Registered Users (C)
hjf said:
Here's my opinion.
If you get denied TN status at the land POE, then you are already technically in the US, and you do not show him your H1b visa, then he will most certainly admit you in B2 status, in which case this would void your H1b, since you cannot be in 2 statuses at once.
If after your TN is denied, and you show your H1b, then you may be admitted in H1b status. The problem here is since you have to actually pick which status you want to enter in, and you picked TN, and it was denied, the officer may not let you retrack that unless you exited the US and reentered and claimed H1b status, at which point it would have already been cancelled. Consult with a lawyer.
The tricky part is if you went to the PFI in a Canadian airport, and your TN was denied. If you did not proceed to get on a US bound flight, and you also did not show your H1b, then its hard to tell what the officer would have done with your previous H1b status. He could have voided it upon reviewing the TN application, or he could have left it alone. You'll never really know.
On the other hand, I'm not 100% postive, but I think when I was denied TN status at the land POE the first time around, I was admitted into the US in an "Out of Status" status, and the officer essentially warned me that if I proceed past the U-turn to get back to the Canadian border, I would have violated US immigration law, and this was a serious federal offense, jail, barring for 10 years, yadda yadda, etc. etc.. If this were true, then I was not admitted in B2 status as I assumed, so maybe (had I had H1b) it would not have voided my H1b status.
Thus the answer is.....maybe....just as TheRealCanadian stated above.
TheRealCanadian said:
OK whatever man. You try geeting TN as a systems analyst with a degree in english lit and no experience. Think of it from a logical standpoint if you are Mr. Border Guard...you want to be a computer systems analyst, you have no experience and a degree in enlish lit...this makes you qualified?
why don't you apply for the TN via a mail-in petition I-129 to VSC? You can do so as you are already in the US on a valid status (H1-B). If you are rejected, then no problem as you still have your H1-B. The good thing about the mail-in petition is that you can put together a nice cover letter explaining why you are qualified (including a copy of your H1-B approval). you can even do premium processing ($1000) and find out the answer in 10 days. Also from personal experience in doing TN renewals at NSC/VSC, as proof of degree i have only sent in a color copy of my degree parchment. There is no details about my course work.
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curiousGeorge
Registered Users (C)
Based on the fact that you elected to enter the US in a different status, and you can only be in the US in one status at a time.hjf said:
Thanks curiousGeorge! But confused
I thought only when TN is granted then H1B is voided because I can't have two at the same time. But if TN is never granted, why H1B is voided? In other words, if TN is denied, can't I apply for another status (e.g. H1B, B2, E2 ...). Since I'm still working for my current employer and the H1B is good through 2008, why can't I use it?
And what do you think the chance for TN approval?
I thought only when TN is granted then H1B is voided because I can't have two at the same time. But if TN is never granted, why H1B is voided? In other words, if TN is denied, can't I apply for another status (e.g. H1B, B2, E2 ...). Since I'm still working for my current employer and the H1B is good through 2008, why can't I use it?And what do you think the chance for TN approval?
curiousGeorge
Registered Users (C)
That's probably true if you remember to show your H1b after your TN is not approved. Otherwise, I'm not sure.hjf said:
If you were to apply for the TN via mail as gunt suggested, you wouldn't have this issue.
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TheRealCanadian
Volunteer Moderator
eddie_d said:
Considering that I have received two TNs with a History degree, do you really want me to answer your question? However, you're getting away from the reason why I originally posted. Several posts ago, you said:
Which is completely untrue.
TheRealCanadian
Volunteer Moderator
hjf said:
It's not; the H1B petition belongs to the employer, not the alien, and cannot be voided by the alien getting a TN or entering in another status. They just will not be in H-1 status and cannot work for the H1 sponsor, unless they leave the US and re-enter as H1B.
It's perfectly valid to have a TN or an H-1B while one lives in Canada and travels to the US to work. During that validity period, it's also valid to travel to Disney World as an undocumented B visitor, without canceling the TN or the H1B.
TheRealCanadian said:
You got a TN for a systems analyst with a history degree and NO EXPERIENCE in the field? OK then you beat the system, congrats.
I guess when I got my 5 TNs it was a total fluke that each time they checked my transcripts to make sure my degree was related to the field and I was asked in detail about how my education/experience related to my job.
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TheRealCanadian
Volunteer Moderator
eddie_d said:
I've made no claims whatsoever as to my experience, or lack thereof. I merely stated before (and again) that there is nothing in the NAFTA Field Inspector's Manual that automatically waives the related degree requirement after a set amount of experience.
The letter of NAFTA states a bachelor's degree and nothing more. It is entirely silent as to the discipline, whereas other categories (Hotel Management) do explicitly state a degree field. Practically speaking, USCIS and USCBP have taken the stance that the degree should be related, just like they do with H-1Bs and other professional degrees. With that said, the inspector or ajudicator has significant latitude as to how far they want to take a degree. There are some inspectors that refuse to give out a CSA TN to anyone without a CS degree. There are others (fewer) who will take experience into account and merely require 'a' degree.
If you stop reading things into what I say, you will note that I have consistently questioned only your assertion that a related degree is no longer required after a set amount of experience.
I've done no such thing. All of my TNs were legally issued.
I'm not claiming it was a fluke. You're the one who said a related degree was no longer required after a certain point, not I.