Trouble at POE

[bpatterson]

hello,

I was directed by my attorney to cross the border coming from Canada (I am Canadian) to the USA, and ask for a I-94. Also I was to show them a letter from my potential Employer stating that I was offered a position, and after the probationary period of working they would then file I-129 for my H-1 Visa.

I did exactly as I was told however they did not let me cross and said that the I-129 petition must be filed prior to me crossing the border, as being offered a job was the same as being employed. I am now home in Canada and my attorney is trying to sort things out for me so I can cross. She still maintains that I should be able to cross on the basis I mentioned above.

Was this a mistake at the boarder or would my attorney be wrong?

Thanks

 

[ginnu]

hello,

I was directed by my attorney to cross the border coming from Canada (I am Canadian) to the USA, and ask for a I-94. Also I was to show them a letter from my potential Employer stating that I was offered a position, and after the probationary period of working they would then file I-129 for my H-1 Visa.

I did exactly as I was told however they did not let me cross and said that the I-129 petition must be filed prior to me crossing the border, as being offered a job was the same as being employed. I am now home in Canada and my attorney is trying to sort things out for me so I can cross. She still maintains that I should be able to cross on the basis I mentioned above.

Was this a mistake at the boarder or would my attorney be wrong?

Thanks

attorney is wrong. you need Petition filed by US employer and need the H1 approval notice.

 

[nkm-oct23]

Your attorney is right. The border agent should have admitted you under TN status based on the job offer if you met all requirements. The border agent probably thought you are seeking H1 status.
Did you have all relevant documentation to prove your qualifications and experience? I wonder why your employer made any mention of filing for H1 status in you letter of employment.