TN Denied butstill have OPT left

T

TNOPTWELLSEE

New Member
Hi Everyone,

Need of advice/assitance asap pleaseee. I was denied my TN Visa at POE because the border officer determined that my job description didn't perfectly fall under the TN Category of Economist. I work in asset management and have been granted several TN visas for Economist for similar roles at different firms. Did my B.A in Econ as well as a Masters, and unfotunately just drew the wrong guy who was not willing to listen to any explanation, nor speak to my immigration lawyer or boss. He took my fingerprints and scanned some of my docs. Kind of a prick, also a newbie.

Anyways, my firm and I starting to consider just using my OPT instead since I have till next June expiration date + 2 Years of Stem Extension after. I have my EAD Letter approved as well as a valid post-completion OPT form. However the EAD card is in the process of being mailed to my US address, so I won't be able to have it as I cross Canada Border.

Questions
1.) I was just wondering if there is any penalty / invalidity of my OPT because of this TN visa rejection? 2.) Additionally, can I just go through Pearson telling the officers I am entering on my EAD Letter / OPT and they wont question me, or do i need the card too?? I am sure they will probably see the TN rejection, but tbh I'm not sure as I also have Nexus Global Entry from past. 3.) Will it show?

Any advice or responses really appreciated!! This is a dream job and recruited for 6 months to finally land this.
 
According to USCIS:
You may not begin your pre- or post-completion OPT until after we approve your Form I-765 and you receive your Employment Authorization Document (EAD).
Click to expand...

www.uscis.gov

Optional Practical Training (OPT) for F-1 Students | USCIS

www.uscis.gov

You would also need to be entering on your F1 status.

Be careful with Nexus, as I believe your card is issued to you based on a particular status: B2, TN, etc. If you are not entering US on that status, you probably should use the Nexus card/lane.
 
Hi @nelsona ,

Thank you so much for your response. To answer your points, yes my Form I-765 was approved and I have the EAD authorization letter. However I just don't have the EAD card because it was mailed to my US address, as I was applying at the Canadian border for TN. Once I get to US, it should be in my mailbox hopefully. I was also given the stamp to cross US in past with post-completion OPT earlier in the month.

I won't start my new employment till I receive the card. I just want to know if it's okay to cross the US border without getting questioned / troubles by border office because of the denied TN. I still have valid F-1 / Post-Completion OPT till next summer, but does being rejected on TN impact that status at all, or are they completely independent.

My Nexus Card wasn't attached to any visa. Was just granted to me because of my Canadian Citizenship and had even when I was doing my undergrad several years back as well as any TN in past. The most recent status would probably be related to my F-1, but don't recall registering anything.

Please let me know, and thanks again to your timely response.
 
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