I-797 & I-94 + TN-GC questions

[Carmen123]

Hi folks,

I have a couple of questions for you, I will appreciate very much your input.

1) I received the I-797 + I-94 as a renewal for 3 years. The I-797 says it extends the period of the TN1 but it does not guarantee reentry to the US. The I-94 does not have a multiple-entry stamp on it either. I know that by "definition" a TN is multiple entry, but, under the circumstances I am quite concerned in making a trip abroad. Are my concerns unfounded or should it be better to just not leave during the period of my TN?

2) We are about to set a meeting with the company's lawyer for starting my LC. I am qualified to file under EB2 row (Bachelor's Degree in Information Systems + 7 years experience on my field outside the current employer and outside the US) but I know that 60% of applications are being audited.
Question: I need to know if the RFEs (Request for Evidence) are about the publication of the position (in newspapers, job internet sites) OR about the experience (on which I base I qualify on EB2).
My concern is that my first 2 jobs were in South America, and if they request further evidence for them it might get extremely difficult to obtain on a timely manner (or ever) any other documentation from there.

If this might be the case then I might be better off filing on EB3.

You experts on TN-GC I will appreciate your input ( I have by the way a lawyer I am consulting on my own besides the company lawyer who I don't have access to this kind of questions yet). Everything I want is your opinion/point of view.

Thanks in advance,

Carmen

 

[TheRealCanadian]

The I-94 does not have a multiple-entry stamp on it either. I know that by "definition" a TN is multiple entry, but, under the circumstances I am quite concerned in making a trip abroad. Are my concerns unfounded or should it be better to just not leave during the period of my TN?

Your concerns are unfounded. No non-citizen is ever "guaranteed" re-entry to the US.

Question: I need to know if the RFEs (Request for Evidence) are about the publication of the position (in newspapers, job internet sites) OR about the experience (on which I base I qualify on EB2). My concern is that my first 2 jobs were in South America, and if they request further evidence for them it might get extremely difficult to obtain on a timely manner (or ever) any other documentation from there.

At the I-140 stage, USCIS will expect evidence of your experience, in the forms of letters or other evidence from prior employers. Start getting this NOW, not later. In the absence of employment letters, paystubs and tax returns can also be used. It's still faster to gather this evidence than to wait for EB3 dates to become current.

 

[nelsona]

Your TN and I-94 are as expected. No worries.

--
There is no point worrying what past RFEs on other cases have been.

Solidify your doicumentary evidence for your education and especially your experience (you will need letters from former bosses or workmates describing your functions --all of us have had to supply these even for EB3 open-and-shut cases).

paystubs and tax returns are not of greatest value, since they do not describe your functions and experience. Remmeebr, your whole PERM will be hinging on your experience, not a degree.

So documenting that experience will be crucial.

The employer's PERM and I-140 duties are pretty cut and dried. Their lawyer will handle these.

You work on those letters.

 

[Carmen123]

Tn-gc

Folks, thanks for all the replies and the advice! I havev already all my papers from previous jobs.

My question is the following: the company has been saying that they were going to switch to H1b then do GC before when TN was 1 year. Now that it changed and I got a 3 year TN they said we were going to speak with the company's lawyer to do TN-GC. My new 3yr TN kicked in the Feb 1st and we didn't even meet with the lawyer.

I talked to my manager, and he said yes, that things will be done, but since it's a HUGE company HHRR moves really slowly (this is true). The thing is that I am loosing time... am I too anxious? is it me? or this is normal for large companies?

Any advice, ideas, suggestions of what to do/what not to do are welcome! Since I feel a little lost here, never been in this situation.


Thanks!

Carmen

 

[TheRealCanadian]

I talked to my manager, and he said yes, that things will be done, but since it's a HUGE company HHRR moves really slowly (this is true). The thing is that I am loosing time... am I too anxious? is it me? or this is normal for large companies?

While it's normal for them to move slowly, you should keep up the pressure. Otherwise two years will pass and you will be no farther along than before.