TN Visa Rejected - What are potential problems with B1/B2 H1B in future?

S

sunnymind

New Member
Hi Everyone,

I have a Bachelors' degree in computer science from York University. I had a job offer as a Systems Analyst from a California based company. Even then the officer rejected my application citing clause 212 (a) (7(A)(i)(I) INA. He thought that the work was managerial and not that of systems analyst as I mentioned project management work as part of the responsibility( time and cost estimates ) . The duties in the TN petition were written in the same as on the INS website. I was allowed to withdraw my application.


My employer is willing to sponsor me for a H1B visa. However , they need me come down to US for a short term training while I am working out of their canadian subsidiary ( which I have been doing for past 2 yrs).


All I want to know if how does my entry into US get affected while travelling on B1/B2? What documents should carry for short trips to US on B1? Will the rejection affect the H1B processing?

I would deeply appreiciate any help/guidance in this regard.
 
sunnymind said:
Hi Everyone,

I have a Bachelors' degree in computer science from York University. I had a job offer as a Systems Analyst from a California based company. Even then the officer rejected my application citing clause 212 (a) (7(A)(i)(I) INA. He thought that the work was managerial and not that of systems analyst as I mentioned project management work as part of the responsibility( time and cost estimates ) . The duties in the TN petition were written in the same as on the INS website. I was allowed to withdraw my application.


My employer is willing to sponsor me for a H1B visa. However , they need me come down to US for a short term training while I am working out of their canadian subsidiary ( which I have been doing for past 2 yrs).


All I want to know if how does my entry into US get affected while travelling on B1/B2? What documents should carry for short trips to US on B1? Will the rejection affect the H1B processing?
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the rejection has no impact on an H1B application nor on another TN application. I would encourage you to use a lawyer specializing in TN's to hel you write the TN letter, and then try applying again.
The bad thing about going the H1B route is that there is a cap per year on the number issued. As for training in teh US on a B1, it's not a problem, just don't do any work.
 
If you are working for the Canadian Subsidiary, why aren't you getting an L1 instead of an H1?
 
gunt said:
the rejection has no impact on an H1B application nor on another TN application. I would encourage you to use a lawyer specializing in TN's to hel you write the TN letter, and then try applying again.
The bad thing about going the H1B route is that there is a cap per year on the number issued. As for training in teh US on a B1, it's not a problem, just don't do any work.
Click to expand...


Thanks Gunt for taking the time to post. My letter was indeed drafted by the lawyer retained by the employer. I guess he just did not do a good enough job. As for travelling on B1 for short training trips, my concern is this:- I will be going to the same employer ( the US headquarters) which made an offer to me earlier to relocate. If I am going there for training, will this raise a question about a potential hiring situation? In other words, is it ok to make short trips to an entity that has already declared an intention to hire through the TN Visa petition. I am just too nervous after the jarring experience at pearson. What docs , if any , I should be carrying to make my case during a short visit on B1? As such, I have travelled multiple times to the US headquarters of the employer in the last 2 years on B1 ( with a couple of visits stamped in the passport). Any thoughts / advice appreciate.

Hi Simsd,
I did not really know about the L1 option well enough( till now I did not need to know much about any immigration laws of US..I was a happy canuck working in Toronto for and subsidiary of an American company with no problems visiting US on short training/meeting trips. It is the company that gave me this offer to move as a promotion. And look where it has landed me ! I am so frustrated ...I am just at a point of asking them if I could just stay back here in Toronto and forget the whole move thing! ) .. I asked the lawyer about L1 and he mumbled something about it being difficult to prove that some very exclusive and proprietary system was being developed by the employee to be able to file for L1. It may be that they have had very few cases of Canadian employees moving to US. Usually they have loads of people from China , India come thru H1 and seem to be more comfortable with that route. He says he is very confident he can get me in thru H1B. I am keeping my fingers crossed!
 
sunnymind said:
Thanks Gunt for taking the time to post. My letter was indeed drafted by the lawyer retained by the employer. I guess he just did not do a good enough job. As for travelling on B1 for short training trips, my concern is this:- I will be going to the same employer ( the US headquarters) which made an offer to me earlier to relocate. If I am going there for training, will this raise a question about a potential hiring situation? In other words, is it ok to make short trips to an entity that has already declared an intention to hire through the TN Visa petition. I am just too nervous after the jarring experience at pearson. What docs , if any , I should be carrying to make my case during a short visit on B1? As such, I have travelled multiple times to the US headquarters of the employer in the last 2 years on B1 ( with a couple of visits stamped in the passport). Any thoughts / advice appreciate.

Hi Simsd,
I did not really know about the L1 option well enough( till now I did not need to know much about any immigration laws of US..I was a happy canuck working in Toronto for and subsidiary of an American company with no problems visiting US on short training/meeting trips. It is the company that gave me this offer to move as a promotion. And look where it has landed me ! I am so frustrated ...I am just at a point of asking them if I could just stay back here in Toronto and forget the whole move thing! ) .. I asked the lawyer about L1 and he mumbled something about it being difficult to prove that some very exclusive and proprietary system was being developed by the employee to be able to file for L1. It may be that they have had very few cases of Canadian employees moving to US. Usually they have loads of people from China , India come thru H1 and seem to be more comfortable with that route. He says he is very confident he can get me in thru H1B. I am keeping my fingers crossed!
Click to expand...

Seriously there is no reason to be worried about entering on B1 and going for training to the company headquarters even in light of the refused TN. Just make sure that when you speak with the border guard that you stress the training and don't give any indications of working in the US.

It sounds like the lawyer your firm is using is terrible. this is not surprising. Basically if the lawyer wasn't able to get the TN through, they he should be fired. Try to get the company to use another lawyer. i recommend Rajiv or Fragomen. You should be able to get an L1 very easily for about the same cost as a H1B. Or get a new lawyer to do a revised TN. You could also try Hodgson and Russ, but i prefer Fragomen.
 
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