Traveling Back to POE where I got Rejected first time for TN. Good or Bad?

Eriku

Registered Users (C)
Hello,

I am currently working in the Bay area using a TN Visa ("Engineer" classification). I was actually initially rejected by a CPB Officer at Pearson Airport (Toronto, Canada) back in Mid January. There reason for rejection was because I am an engineering manager and he saw me as a manager more than as an engineer.

Then my company sent me down to the Detroit Windsor Tunnel to cross at the POE because they hired an immigration lawyer to go with me. I got approved with no hassle or problems with the CPB officer there.

I am planning on going back to visit my family in the near future and will be flying through Pearson again. Can anyone tell me about their experiences with traveling with a TN? I have heard some good and bad stories.

My lawyer has said that there isn't any increased risk with my initial denial at pearson but that traveling with a TN has the possibility of something going wrong.

Thanks in advance for your help!

-Eric
 
You have nothing to wrorry about. The POEs do not typically re-adjudicate your TN oince you ahve it. What they can ask is (a) are you still working, for which you carry a paystub as an answer, or (b) have you filed an green card application, which they can look up in the system.

Where you might have problem is when you go up for renewal, as your post does not indicate that you 'fixed' anything in your initial application, only that you took a legal with you to hold the officer's hand. You face the same 50-50 chance next year, I suppose.

In truth, if you are a manager, you should not be on TN, but on the now-impossible-to-get H1 classification.
 
Hey NelsonA,

Thanks for the reply.

A little more information about my 2nd attempt. They also added detail to the application about my engineering tasks. So they basically broke down alot of the statements and added examples of what I would be doing.

Yes I do agree. I think H1B would be more flexible to encompass both my managerial work and my engineering work. I work as a producer in the Video Game industry. It's really hard to translate it to the job descriptions they have for NAFTA. But while doing my research after my first denial, I found that other people have problems when they are both an engineer and have managerial duties. In the US Federal Governement definition of Engineers, I think I would best fit under industrial engineer since alot of my work is resource optimizition, and production analysis. But some how a lot of the CPB officers believe that Mechanical and Industrial engineers can only be applied to a "Manufacturing setting".

But to reiterate again, I do agree that H1B would be most flexible for me. But it's definately very hard to get these days. Are most engineering managers on H1B's?
 
Are most engineering managers on H1B's?

Of course, since most foreign managers aren't canadian, and thus MUST be on H1.

Then again, as a manager, they should have already started your Green Card process
 
Thanks, Nelsona!

Did anyone else have problems traveling with TN Status?? I've heard stories about people tearing out the I-94?
 
The "tearing out of I-94" issue is a separate one, and occurs when you LEAVE US, in any status, not when coming back.

Airline folk are instructed to remove I-94 from passport of all departing foreigners. Trouble for TNers is that, unlike other foreigners in other , who need to get a Visa as well the I-94, the I-94 is the only proof you have that you got TN, especially if you got the TN at the POE rather than by mail.

So, it is often advised to remove the I-94 from your PP before checking in, and then stapling it back for return. Otherwise, you need to carry a copy of your initial TN docs and the I-94) for readmittance.

This typically doesn't happen on flights to Canada.
 
Hey Nelsona,

I had a question about dual role positions. Can one have Engineering duties and also Managerial duties at the same time and be classified in an TN Engineer role? What I found from reading material online is that one can be an engineer and have supervisory duties but cannot be a manager?

I will be talking to my company's immigration lawyers hopefully soon to start my TN renewal process and I want to sort out my situation with my Visa. I talked to them about getting my H1B but current company policy prohibits new employees to get one until after 1 year of working with them.

Thanks,
-E
 
The rule about H1's is silly, of course, since H1's are only availbale 1 day a year, so the company refusing H1 merely means that they aren't going to bother.

You can be an engineer, and this should be your primary duty. Managing people is not a TN-eligible task. You role as an engineer should predominate.
 
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