TN Visa

For CSA, your TN is based on the job you are offered and your education, not your work experience.

CSA is a highly scrutinized category, since it is a catch-all for many jobs that don't match education, like your situation.

Your prospective employer may need to get some legal advice on how to properly describe your job to match engineering, for example, which would be a slam dunk for TN.
 
the_scepticus said:
TRC, I checked the case status from USCIS and here's what I got.

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On June 21, 2006, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

What does this mean?
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It means you have an approved I-130 and you are waiting for your PD to become current. You need someone to pick up sponsorship (by re-filing an I-130) and keep the old PD, and keep waiting.
 
nelsona said:
It means you have an approved I-130 and you are waiting for your PD to become current. You need someone to pick up sponsorship (by re-filing an I-130) and keep the old PD, and keep waiting.
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nelsona, so is it just reapplying a new FB3 case from my mother? How does this old PD is used? The current PD is June2000, how much time you think it would take my PD to be current?
 
the_scepticus said:
nelsona, so is it just reapplying a new FB3 case from my mother? How does this old PD is used?
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You'll need to reference the old case number in your cover letter, and request PRIORITY DATE PORTABILITY in big bold letters on top of the cover letter and the new I-130.

The current PD is June2000, how much time you think it would take my PD to be current?
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What's your PD again? When was the original I-130 filed?
 
Wow,

Mech . Eng degree and MBA?

This guy could get an EB-2 job and have everything done in about 18 months.
 
TheRealCanadian said:
You'll need to reference the old case number in your cover letter, and request PRIORITY DATE PORTABILITY in big bold letters on top of the cover letter and the new I-130.?
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TheRealCanadian, my brother spoke to one immigration attorney in chicago, first he said it's not possible but after a day he called and is saying that PRIORITY DATE PORTABILITY applies only when the category is changed, for example from FB2 to FB3, he is asking for more time to find out about this option. Do you think this guy knows what he is doing?

TheRealCanadian said:
What's your PD again? When was the original I-130 filed?
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My PD is Jan 2001 and original I-130 was filed in Dec 2001. The I-797 action notice was recieved in August 2005.
 
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EB2 is an Employment Based classification which is for those whose education and job requirements are at the Masters level.

You meet the education criteria, obviously. However the job (as defined in the PERM application your sponsor would make) would ALSO need to be one requiring a Masters.

This is off-topic from this board. Look at the boards for PERM and I-140 issues.
 
the_scepticus said:
first he said it's not possible but after a day he called and is saying that PRIORITY DATE PORTABILITY applies only when the category is changed, for example from FB2 to FB3, he is asking for more time to find out about this option. Do you think this guy knows what he is doing?
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Your brother does not want an attorney learning on his dime. Tell him to keep looking; this one isn't competent.

My PD is Jan 2001 and original I-130 was filed in Dec 2001. The I-797 action notice was received in August 2005.
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I'd guess that the priority date might be current in another year or so, but who knows. The October Visa bulletin will provide the best clues.
 
Quick question: How is your Priority date different from your I-130 filing date? If you filed I-130 in Dec 2001, then that IS your PD, no?
 
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nelsona said:
Quick question: How is your Priority date different from your I-130 filing date? If you filed I-130 in Dec 2001, then that IS your PD, no?
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nelsona, I made a mistake, Dec 2001 is the priority date, Jan 2002 is the reciept date and Aug 2005 is the notice date.
 
simsd said:
Wow,

Mech . Eng degree and MBA?

This guy could get an EB-2 job and have everything done in about 18 months.
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I know it's not the correct forum.. but would really like to know how long it'd be for EB-2 (Engineering Technology Degree & MBA, current EB-2 job) for a Mexican national? Six months?
 
Hi guys, back again. Need your help

I am planning to apply for a TN visa within few weeks and I am pretty stressed. As I told you guys earlier, I have an approved I-130, which my father filed. My father passed away and no one has ever pursued this case again.

Now if I go for my TN visa, is it going to cause problem for me? I-130 clearly shows an immigrant intent? What is your advice?
 
Have you been able to cross the border regularly with no issues? If so, then obviously the I-130 is not causing you a problem. If it did, you would have heard of it by now.

So, nor will applying for a TN at the border.

... and what about getting that new I-130? havve you statrted that yet?

... and you say you are going for TN in the next few weeks? This means you have a job offer, right? You don't get TN visa before getting job offer.
 
nelsona said:
Have you been able to cross the border regularly with no issues? If so, then obviously the I-130 is not causing you a problem. If it did, you would have heard of it by now.
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Nelsona, first of all thanks a lot for your prompt reponse. You have no idea how much help your response provides.

Nelsona, I haven't crossed border since I-130 was approved back in 2005. Although my brother, who also lives in Canada, did many times (his I-130 was also approved in 2005).


nelsona said:
... and what about getting that new I-130? havve you statrted that yet?
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No, not yet, as a matter of fact we got discouraged as one of the lawyer told my mother that US Attorney General has to approve the new application on humanitarian basis and my case does not pass the test for this option.

nelsona said:
... and you say you are going for TN in the next few weeks? This means you have a job offer, right? You don't get TN visa before getting job offer.
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Yes, finally I have a job offer, because of all the recent events in US it is really hard to find a job. The company is paying me almost 50% less then what I would get in normal days.
 
So, I would be going to the border with the offer, getting my TN for 3 years, and then working on the I-130. The border officer isn't going to make any connection to the I-130, just like they haven't for your brother (entering on TN or as a tourist has the same standard wghen it comes to immig intent), so you shoudl have no worries.



btw, I don't think the lawyer is persuing a correct course. You should not be looking to revive your old I-130 (that seems to be what he is suggesting), but you should simply be filing a NEW I-130, but attaching the old PD to it (nothing humanitarian about this, your mother has every right to file I-130) but you should ask this on a I-130 or family immigration board, not here.
 
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the_scepticus said:
I have only one year job offer, should I work on my I-130 in this case?

That's up to you. I'm still of the opinion that I-130 approval by itself is not a bar to entry on TN, no more so than it has been for your brother to enter on B2



Please let me know which board has guy like "NELSONA", I'll go there.

Hey, therea re plenty of boards on family immig. They have tons of knowledgeable responders, just like thereare several on this board
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agn
 
the_scepticus

I have been the TN visa route many times. it is a difficult route. you need an offer letter from your employer and it got to specify the job title and it got to match the title of the TN visa you are trying to obtain. If not, it will be flat out denied.

The TN visa is good for only one year. In your offer letter it got to specify that it is for a period of one year only. again trust me they will deny you!! you will have to do that process every year.

in your job offer they need to specify your job description and it needs to some what match what the INS handbook says(not sure what it is called, it is handbook something...). It is the book the INS officer/agent uses.

All these points are important, unless you want to learn the hardway ;-)

Some of the agents at the border are cool but most are not and will try to make your life difficult, FYI. I am not trying to scare you , you will be FINE, I just wish I would not have learned the hard way.

Also try to answer their questions with simple yes and no's. Only answer what they are asking and not MORE! <-- important, don't shoot yourself in the foot.

You have to actually leave the USA and drive back in when you want to renew your visa next year, FYI.

As far as your I-130 goes, If I was you I would go straight to the right source. google lawyers in the USA that are close to either the Canadian or Mexican border they should have more experience with cases like yours. If you do not like what you hear or if you find the lawyers is incompetent? Suivant/Next !!!

I hope this help you, good luck and enjoy your stay in the US of A.
 
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