Law firm wants to file TN extension under engineer, but role is CSA

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samincolumbia

Member
My employer decided to hire the services of a law firm to extend my TN. I have been working with the same employer under CSA for the past 6 years. I have an Associate Degree in Information Technologies from US (2 years) and 20 years of IT experience. I have specifically asked the law firm to use CSA category since my education and job responsibilities align with CSA. However, they are going in with my internal title (Lead Software Engineer) and adamant about applying under Engineer category. I know that it's doomed to fail. What are my options? Once it gets denied, can they re-apply under CSA stating that they screwed up the first time?
 
They can reapply. So sad when lawyers get involved with a status that was designed not to involve them.
You HAVE a CSA TN, that you are extending.... incredible arrogance.
 
While the mess is being sorted out...I have a question. Since my wife is the primary for the 485, can she apply for herself and our son and I do not apply? I don't want to jeopardize their gc/ead's due to my situation. Since I am not filing my I-485 applicaiton now, will this cause an issue at the border later ( if I need to make a trip to extend my TN)?
 
As long as you do not file I-485, you have no discernable immigrant intent. You will have to wait 90 days after entering US on TN, before filing I-485.
 
Why did your employer suddenly decide to waste money on a lawyer despite you successfully getting a TN at least 3 times on your own?

Something smells fishy. You have enough tenure you should be able to talk up the chain of command until you find someone reasonable enough to call off this bonehead move.

Failing that: just throw your lawyer's packet in the trash, and have your boss sign the same sponsorship letter (date & salary updated) as he has signed for you 3x in the past.

Personally, this would be a dealbreaker for me with a company. If they refuse to be reasonable when you try to save them a few thousand dollars, they clearly don't respect you at all. If they persist with this madness, and you have enough savings, I encourage you to simply apply for your I-485 ASAP and enjoy a few months vacation while waiting for your EAD.
 
btw do you happen to know which law firm your employer wants to use?

There seems to be a rash of lawyers pushing CSAs to use engineer category the past few years. It's as if they all got sent the same dime-story how-to pamphlet recently.

My last sponsorship letter was written by MMH and their lawyer also inexplicably pressured to enter under engineer category.
 
Grant - My employer also used MMH for my TN extension :) They are by far the most clueless and incompetent bunch.The lawyers go by the internal titles for some reason and since mine was Lead Software Engineer, they went with Engineer category, though I do not have an engineering degree and the roles and responsibilities are that of a CSA. This is inspite of me emailing them to apply only under CSA category before they applied, since I was given TN twice for the same employer and my associate degree, experience and responsibilities were a match with CSA. Now, an RFE has been raised and they want more proof of education and the law firm wants my previous experience letters. I talked to my employer and asked them to either start a fresh application with CSA category or stop spending any more money on this law firm. The reason the employer agreed to file my extension with PP in the first place was that , I could apply for my GC after I get my TN extended, but now that's out the window since the dates have retrogressed in October bulletin.
 
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