TN-differnet degree

S

Saneman

New Member
Hello All,

I have been lurking around for a long time. Lived on TN in Texas for 3 years and now moved back to Canada working for newly acquired company by the same Texas employer.
I got my TN (3 kids and wife on TD) as Scientist using my B.Sc (Chemistry) and +10 year experience. I also have B.Sc (engineering) which I got after B.Sc but never mentioned during whole TN process. I was thinking that if I'll show my engineering degree they might ask for license or may cause confusion or more questioning and also job didn't require any engineering degree. Two questions I like to ask
1) if I apply for another job in US which require engineering degree, should I mention engineering degree? Would it be considered as 'hiding' information or considered falsifying?

2) My wife's sister like to sponsor (family), next year, if I'll go back to US again on TN during sponsorship process (which may take years) do you see any problems (dual intent)?

Replies will be much appreciated.:confused:
 
If the prior TN job did not require the engineering degree then the reason you never mentioned it was because it was irrelevant.

TN has no true "dual intent" authorized but it also has no specific requirement for an unrelinquished foreign residence. TN's seeking employment based immigrant visas have labor certs and I-140's submitted for them all the time. They have no "current immigrant intent" their I-140's indicate that they will pursue consular processing as they only have a "distant immigrant intent". A sibling petition is in the same boat and may even take longer.

A TN is a non-immigrant classification but it is not defined as a non-immigrant in the same section in the INA as all the rest. It is defined in treaties and incorporated by references and cross-references and by regulation. If you start with 8 CFR 214.6 and follow all the references it is as clear as mud.............
 
While TN's with pending I-140 have special protection under various field memso (and that is regardless of whtehr consualr processing or adjustment will be sought), I-130 (ie family-based request for immigrant) holds no such protection, this it is *possible* that CBP would deny you entry or renewal of TN on that basis. However, as BJ sez, the CBP could -- at their discretion -- view this a s "distant intent" which is never defined. In such a case I-130 with CP option would be suggested. It is not required for I-140.

It is typically advised that TNers seek employment-based green card thru I-140 because the rules are very clear, rather than applying thru siblings due to the extremely long anticipated wait.
 
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