Travel / exit / entry on TN?

#1
Hi, I got my TN under MC on second attempt. It was quite some conversation on second attempt that somehow convinced the denying CBP to issue me the status.

It's been a few months and I'm now concerned if I travel from the US the CBP agents might stop my re-entry, as arbitrary as they seem.
Also, is travelling recommended or otherwise, meaning does less or no travel mean I don't want to leave the US after my work is over?

Thanks,
Aamir
 
#3
Good morning for both of you, I used to have my TN and reenter once without a problem, is there any "waiver, document of any kind" that might be submitted in case they do such kind of thing? or is it calling an attorney after that refusal is a good step? or both?
 
#4
Every time you enter the US, the CBP will ask a few simple questions to ensure you continue to meet the requirements of TN status.
They may ask to see your employee badge, or a recent paystub, to ensure you continue to work for your sponsoring employer. but this is very rare (on this forum I don't recall ever reading that a person had to show badge or paystub).
Even if your TN petition was marginal (Management Consultant, CSA, etc) it is extremely rare that a CBP would take away your TN status.
Technically, the CBP has the authority to take it away TN status, but only if they believe you no longer meet the requirements or suspect Fraud.
There is no waiver, but you could call your sponsoring company attorney or immigration lawfirm.

Why worry, if you know you and your job meet all the requirements of TN status, travel freely in and outside the USA.
 
#5
Every time you enter the US, the CBP will ask a few simple questions to ensure you continue to meet the requirements of TN status.
They may ask to see your employee badge, or a recent paystub, to ensure you continue to work for your sponsoring employer. but this is very rare (on this forum I don't recall ever reading that a person had to show badge or paystub).
Even if your TN petition was marginal (Management Consultant, CSA, etc) it is extremely rare that a CBP would take away your TN status.
Technically, the CBP has the authority to take it away TN status, but only if they believe you no longer meet the requirements or suspect Fraud.
There is no waiver, but you could call your sponsoring company attorney or immigration lawfirm.

Why worry, if you know you and your job meet all the requirements of TN status, travel freely in and outside the USA.
Thank you so much for your deep explanation, actually I was on a TN before and now I am on H1B, I belive same of what you have said here apply on the H1B case, is that right? also, the reason I did so and posted it here is the H1B forum is not that active as the TN, makes sense?
 
#6
Actually, in respect to re-entry to US, H1B is the better status to have.
TN status can be issued and can be cancelled by CBP. (or CBP can re-adjudicate the original TN petition, and if they feel you don't meet the requirement, they can cancel, but extremely, extremely rare)
H1B status can only be issued by USCIS. CBP can cancel H1B if they feel you no longer comply with H1B requirements (ie. no longer working for sponsoring employer, suspect Fraud, or otherwise violating US immigration laws), but CBP cannot re-adjudicate the original H1B petition. Not their jurisdiction.

When you re-enter US on H1B, bring your original I-797b approval notice, in case they ask for it.

I was on TN, then switched to H1B, now on GC. On my first entry into US on H1B the CBP officer did ask to see my original I-797b approval notice. (this was at LAX after business trip from Japan).

No worries, travel freely as needed/required.
 
#7
Actually, in respect to re-entry to US, H1B is the better status to have.
TN status can be issued and can be cancelled by CBP. (or CBP can re-adjudicate the original TN petition, and if they feel you don't meet the requirement, they can cancel, but extremely, extremely rare)
H1B status can only be issued by USCIS. CBP can cancel H1B if they feel you no longer comply with H1B requirements (ie. no longer working for sponsoring employer, suspect Fraud, or otherwise violating US immigration laws), but CBP cannot re-adjudicate the original H1B petition. Not their jurisdiction.

When you re-enter US on H1B, bring your original I-797b approval notice, in case they ask for it.

I was on TN, then switched to H1B, now on GC. On my first entry into US on H1B the CBP officer did ask to see my original I-797b approval notice. (this was at LAX after business trip from Japan).

No worries, travel freely as needed/required.
Wow, thank you so much, you are given me lots of self confidence now, thank you, really, may I pm in a private message for some info?
 
#9
No Private messages. Please post questions on public forum for the benefit of all to read.
Thank you, so my employer could not process with my GC since the process stopped as they said they found another US candidate, what is an alternative option for me to follow up on that process?
 
#10
I assume you mean that during the PERM process, the recruiting phase, the employer posted the position publicly and qualified US citizen candidates applied for the position. Nothing you can do. Out of your control. The PERM process cannot move forward.

This is how the process is supposed to work. To qualify for EB2 or EB3 in the GC process, the PERM recruiting phase, is to show the employer cannot find qualified USC candidates. This is to protect US workers.
https://immigration.com/greencard/perm-labor-certification/perm

Your employer can wait six months and try the PERM process again. Talk to your employer. They should explain to you. If they really want you they will try again.
 
#11
I assume you mean that during the PERM process, the recruiting phase, the employer posted the position publicly and qualified US citizen candidates applied for the position. Nothing you can do. Out of your control. The PERM process cannot move forward.

This is how the process is supposed to work. To qualify for EB2 or EB3 in the GC process, the PERM recruiting phase, is to show the employer cannot find qualified USC candidates. This is to protect US workers.
https://immigration.com/greencard/perm-labor-certification/perm

Your employer can wait six months and try the PERM process again. Talk to your employer. They should explain to you. If they really want you they will try again.
Thank you for your reply, so they will have to start the process from "Prevailing wage determination", is that right?
 

Sm1smom

Super Moderator
#12
Thank you so much for your deep explanation, actually I was on a TN before and now I am on H1B, I belive same of what you have said here apply on the H1B case, is that right? also, the reason I did so and posted it here is the H1B forum is not that active as the TN, makes sense?
Don’t post non TN/TD related questions in the TN sub-forum. Posting questions on threads or forum which are not related to the questions being asked leads to confusion and derailing of threads as is already in this case. All the subsequent questions you’re asking on this thread are not TN related, you didn’t even bother to create your own thread. You’ve not only hijacked an existing thread, you’re actually are derailing it. An applicable forum not being active is not a justifiable reason for putting up posts where they do not belong.
 
#13
Don’t post non TN/TD related questions in the TN sub-forum. Posting questions on threads or forum which are not related to the questions being asked leads to confusion and derailing of threads as is already in this case. All the subsequent questions you’re asking on this thread are not TN related, you didn’t even bother to create your own thread. You’ve not only hijacked an existing thread, you’re actually are derailing it. An applicable forum not being active is not a justifiable reason for putting up posts where they do not belong.
Sorry, I was not aware of that, I can delete them if that is possible.
 
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