USCIS further questions concerning TN visa

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Canuck000

Registered Users (C)
I work for a consulting company, my client decided to hire me directly and apply for my TN visa through USCIS through a lawyer.

My client just received a letter from Lawyer asking for further information. The Hr didn't show me the letter but said that USCIS need to know org chart of the company, Starting/End date for employment if this is a temp employment, financial statement of the company. She told me not to worry and she'll take care of this.

I am just wondering if this is typical? Have anyone ever received this sort of follow up from USCIS .
My concern is that the lawyer might have screwed up things

Any information would be greatly appreciated.
Thank you in advance.
 
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So sorry to ask this, however i don't know where to go. The Lawyer (whose worthless) have given this to our HR department and either i just let the HR department fill out whatever they want to or give them some solid input.
Any answer will be much appreciated

After doing some search on the Net i think this is what we got

I am wondering if someone can help me and see if these are correct answers.

Please submit a statement regarding your temporary need for the services of the beneficiary as a management consultant for your company. Please state how long you anticipate needing the beneficiary’s services, how long the beneficiary has been providing these services for your company, and include a description of the beneficiary’s exact duties.

A 3 Years and Job duties

Please submit the work contract between you and the beneficiary for the services being rendered by the beneficiary’s exact duties.
A) job duties again? or the letter that company issued me?

Please submit an organizational chart for your company depicting all the positions within your company.
A)Org Chart of US entity

Management consultants provide services which are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, polices, strategies, administration, organization and operation.

The documentation must fully describe the professional activities, including a brief summary of daily job duties, which the beneficiary will engage in for the United States employer/entity. Indicate how many personnel the beneficiary will supervise, if any
A) Duties again?


Also wondering if my Petition gets denied for whatever reason can i still be on the payroll of the consulting company? Their TN expires end of 2014
Thanks
 
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Once you go down the road of using a lawyer for a process that was intended to be done without lawyers, you get what's coming to you.

Provide all information or do the petition yourselves.

If your TN is denied, your current TN will still be valid, providing that you are being used by the consulting firm, not merely on their payroll (ie. "benched", which is not permitted).
 
nelsona said:
Once you go down the road of using a lawyer for a process that was intended to be done without lawyers, you get what's coming to you.

Provide all information or do the petition yourselves.

If your TN is denied, your current TN will still be valid, providing that you are being used by the consulting firm, not merely on their payroll (ie. "benched", which is not permitted).
Click to expand...


Ouch but you are correct i should have taken the letter to poe myself. I just thought that a lawyer would know what they are doing and it will save me a trip.
My HR people are now talking to the lawyer.
I had a question about the ORG chart. IT shows me reporting to the President of the company under IT infrastructure then it states my name and says (Consultant)
Do you think that would be sufficient?
Thanks for being honest and not sugar coating things

Thanks
 
What else is the org chart supposed to say? Sounds fine to me.
In case you are wondering, the reason (not very good one, but the only one) that the lawyer is asking for org chart, is because your position should be "supernumerary", which means not fully integrated into the firm. since you are reporting to the POrez, this seems to indicate this.

Even if you didn't want to go to border, I-129 filing doesn't need a lawyer either.
 
Why don't you take the letter and apply through POE once approved come back and cancel i-129
 
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Apologies to Junoon123 - it appears that I-129 was already submitted.
 
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Nelson my i-129 and TN letter was sent in mail to USCIS premium processing it seems like i got a RFE with a bunch of questions from USCIS. Those questions are RFE

Sorry if i was not clear. THe RFE would be handled by the lawyer but now i am confused if she even knows what she's doing.

One question Nelson, when my lawyer submits the RFE do they have to resubmit i-129 and TN letter? I am curious because i think they might have made mistakes on i-129 and that's why my application went to RFE.

I think they are looking for the following answers
1)Org Chart
2) Start date/End date
3) Statement for temp needs of service
4) Job duties
 
Responses to RFE are always specific, not a re-submission of previously submitted docs.

Before doing anything, I would insist that you get to see the original TN letter (and the I-129) they sent, and a copy of the RFE. If they forgot to include a temporary employment period (which is TN 101 basic) and job duties (wehich is TN 201 basic), then drop these idiots and go to the border with a proper letter, and just allow the RFE to die along with the I-129.

No one getting an MC TN brings an org chart. USCIS is just pissed at the crap the lawyers sent in and is going overboard. Time to throw the lawyer overboard too -- like junoon said.
 
nelsona said:
Responses to RFE are always specific, not a re-submission of previously submitted docs.

Before doing anything, I would insist that you get to see the original TN letter (and the I-129) they sent, and a copy of the RFE. If they forgot to include a temporary employment period (which is TN 101 basic) and job duties (wehich is TN 201 basic), then drop these idiots and go to the border with a proper letter, and just allow the RFE to die along with the I-129.

No one getting an MC TN brings an org chart. USCIS is just pissed at the crap the lawyers sent in and is going overboard. Time to throw the lawyer overboard too -- like junoon said.
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I checked it states employment date on i-129 (3 years) on the letter it just says 3 years employment.
Job description is present.
Nelson although i asked this but wanted to confirm i do MC in Information Technology.
The hierarchy in org charts shows i report to the president but it says IT Consultant and i was asking HR to change it to Management Consultant. Do you think just stating IT Consultant can be an issue? Its for MC TN
Please let me know.

I told HR that i can take the letter to the border but they said they are heavily invested and want the lawyer to take care of this. They have a conference call tomorrow with the lawyer i have asked them to send me a copy first before applying i will share the findings

Thanks
 
In the TN world, your are an MC. Period. You then have to show you have the xperience in the fireld that you are MC-ing. I have never heard of USCIS demanding an org chart, so it is clear that the lawyers really messed up their application -- so much for a wise investment.

In any event, the application will pass/fail in 2 weeks, and then you can move on.
 
nelsona said:
In the TN world, your are an MC. Period. You then have to show you have the xperience in the fireld that you are MC-ing. I have never heard of USCIS demanding an org chart, so it is clear that the lawyers really messed up their application -- so much for a wise investment.

In any event, the application will pass/fail in 2 weeks, and then you can move on.
Click to expand...



I have an MBA i don't know why they would ask for my experience
I'll keep everyone informed.
Thanks
 
TN ALWAYS requires a link between education and MC. An MBA doesn't in itself qualify you for an MC. You would need a degree in Management Consulting.

What was your current TN category?
 
nelsona said:
TN ALWAYS requires a link between education and MC. An MBA doesn't in itself qualify you for an MC. You would need a degree in Management Consulting.

What was your current TN category?
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TN in Management Consultant.

If it gets rejected it will be sad i have never heard uscis rejecting anyones TN. CBP i have heard but nothing with uscis.
 
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Indeed, rare but not unheard of. Shows how bad a job your lawters did. You may wish to remind them of this fact when you meet with them. Shame!!
 
nelsona said:
Indeed, rare but not unheard of. Shows how bad a job your lawters did. You may wish to remind them of this fact when you meet with them. Shame!!
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Nelson one of the question is
Please submit the work contract between you and the beneficiary for the services being rendered by the beneficiary’s exact duties.

What is this? Like a contract between me and the company? Job Letter?
Thanks
 
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Employment letter is not typically sufficient for TN (and you would have already sent this in). A TN letter is specific, and clearly over the head of your lawyers. Sorrry.
 
nelsona said:
Employment letter is not typically sufficient for TN (and you would have already sent this in). A TN letter is specific, and clearly over the head of your lawyers. Sorrry.
Click to expand...

Still waiting for the response just wondering.
In case my petition is denied my current TN would still be valid right?
Is their anyways i can check to find out about my current status if denied?
 
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