TN visa denied by USCIS after formerly approving

#1
Hello during these difficult times...

I want to share my story and seek some advice, if possible. I am a Canadian who moved to the USA in 2014 on an F-1 visa to complete a Masters Degree. After 3 years on OPT, my employer petitioned for a TN visa for me in March of 2019 under the Computer Systems Analyst category. While an RFE was issued, it was eventually approved and I went on to work on this TN visa.

In October 2019, I received a job offer from another company. This is where I'll admit I was overly naive by searching the web and finding that it would be easy to transfer to a new employer on a TN visa, so long as you are maintaining the same category (Computer Systems Analyst). My new employer said they would take care of filing the I-129 on my behalf through USCIS with premium processing. It was submitted so that a response should arrive just before my scheduled start date. I packed my bags and moved across the country to begin work.

Then I learned that an RFE was issued. USCIS questioned the relatedness of my degrees with my job duties, even though the job duties were very similar to my previous job. I sat by for 3 months and collaborated with the attorneys while they crafted an RFE, which came back today as a denial. I cannot understand how in March 2019, the visa was approved under the same category and with the same educational background, but in March 2020, it was denied.

I am wondering if anyone has any advice or insight about my situation. Is it possible for me to reapply at the border (once the coronavirus situation settles down?) Could I submit a motion to reopen based on the precedence that I was previously issued the same visa? I'm at a loss for what to do, and fear having to give up my dream job because of this.

Thanks so much for reading and for your advice.
 

nelsona

Registered Users (C)
#2
You can always reapply at border if you have a viable case, regardless of previous denial. The simple answer that USCIS will give is that you were wrongly approved last time. Google appealing I-129 denial.
 
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