Urgent help needed

queent28

New Member
Hello,

My TN application was rejected at PTE as officer didn't find me qualified yesterday.

I have a post graduate degree in Mechanical Engineering from a reputable Engineering school in Canada. Received TN under Engineering category multiple times in the past for various positions with no problem. My understanding was that as long you are an engineer and will be working in an engineering position, your are eligible for TN.

the job description for my TN application was very detailed and officer couldn't connect to it. The officer believed that a mechanical engineer cannot perform the duties associated with the role which is not really true given my post grad courses and relevant experience in the field.

Now the company's lawyer wants to file an application with USCIS. What do you guys believe the correct strategy should be? the job description on my petition was very detailed and I believe that might have confused the officer. How much modification to the job description can be done? would adding post grad course description and showing relevance to job duties help?

Many thanks in advance!
 
some additional info, I was applying under "engineer" and job description involved engineering duties of various nature including Machine Learning
 
You are seeing a lawyer, so they will handle it. The fact that they do not want to retry at the border, likely means that it is not so clear that your job is an engineering job. It probably was too detailed, with extraneous duties to pad your application, and justify your lawyers unnecessary fees (and now proven unsuccessful).

Why didn't you just do what you have doen meny times before? When you saw this poor petition, you should have saisd something.
 
Thanks Nelsona!

It didn't seem to be poor to me, because as a technical person, I could clearly relate the job description to Engineering. Also, the officer didn't reject my application on the basis that it wasn't engineering, he rejected my case because he didn't think a 'Mechanical' Engineer can perform the 'engineering' duties listed. He argued that the duties listed are those of a software engineer which wasn't true.

That was an argument that I wasn't prepared to answer and wasn't on the look out for when I reviewed the job description, as I thought as long as the role is in Engineering and JD lists engineering duties, it should be fine. I know a lot of folks with Mechanical engineering degree, doing pure software engineering on TN. The role that I was applying for was far from software engineering; yet, my petition failed. Is there a new policy that they follow?

Now what has happened is in the past. Question that I have is how much we can clarify/modify the JD on the new petition to USCIS? I don't have full trust in the lawyer anymore and was hoping to see if others have had similar experience in the past.

Many thanks again.
 
if your Job Description included machine learning..then a Mechanical engineer is not qualified for this role...this is a clear CSA petition ...I work on machine learning..i got the CSA category
 
I also have Mechanical Engineer bachelors degree and I’m planning to get TN visa for Software Engineer position. My employer is filing I-129 for me.

OP - Which port of entry did you use?
 
ambujakshi92,
Please don't hijack threads. You have your own question, ask on your own posting.
 
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