When applying directly at border, does CBP see USCIS petitions?

J

jarmve

New Member
Title. An I-129 petition was filed for me and came back RFE. We haven't responded and are considering applying directly at border. Would the CBP officer see the petition? If successful at the border, can we just withdraw the I-129?
 
They can see it, but it will not influence their decision, which will be based solely on the border petition.

If you are successful you MUST withdraw your I-129, especially since it has an RFE, as if the I-129 is denied, after you get border TN, the denail takes precendence, and you would have to leave US and re-enter to "freshen" your I-94 status
 
nelsona said:
They can see it, but it will not influence their decision, which will be based solely on the border petition.

If you are successful you MUST withdraw your I-129, especially since it has an RFE, as if the I-129 is denied, after you get border TN, the denail takes precendence, and you would have to leave US and re-enter to "freshen" your I-94 status
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Thanks for the reply, good to know.

Are the options of addressing the RFE and just trying the border mutually exclusive? Speaking from a practical point of view; I know you can do both, but if we respond to the RFE and get denied, is the border hopeless? And vice versa, if I try the border before responding to the RFE, get denied, then try to respond to the RFE?
 
jarmve said:
Thanks for the reply, good to know.

Are the options of addressing the RFE and just trying the border mutually exclusive? Speaking from a practical point of view; I know you can do both, but if we respond to the RFE and get denied, is the border hopeless? And vice versa, if I try the border before responding to the RFE, get denied, then try to respond to the RFE?
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Once denied, you need to fix the "reason for denial" - otherwise just re-trying without addressing the issue (i.e. border shopping) would jeopardize your application.
 
bigboy00 said:
Once denied, you need to fix the "reason for denial" - otherwise just re-trying without addressing the issue (i.e. border shopping) would jeopardize your application.
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I see. I see that the idea is that each petition is judged entirely on its own merit, in an isolated manner.

Unfortunately, I think the officers will no doubt be (at least) subconsciously influenced by seeing a previous denial/RFE, or is that pessimistic thinking?
 
Just to be clear, going to the border after an I-129 denial, is NOT considered border shopping.

I-129s and border applications are isolated. Just because an I-129 gets an RFE, does not necessarily mean that any future border petition would be denied, nor vice versa.

Of course, it would be crazy to not adjust your border petition to "answer" the RFE.

Is there a particular reason you don't feel like just answering the RFE and be done with it?
 
nelsona said:
Just to be clear, going to the border after an I-129 denial, is NOT considered border shopping.

I-129s and border applications are isolated. Just because an I-129 gets an RFE, does not necessarily mean that any future border petition would be denied, nor vice versa.

Of course, it would be crazy to not adjust your border petition to "answer" the RFE.

Is there a particular reason you don't feel like just answering the RFE and be done with it?
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We are going to respond to the RFE.

While I have your attention, I know that for the CSA category, you aren't supposed to mention programming at all. Is this the case for the Engineer category? Would we be able to talk about programming in my responsibilities/education qualifications in the response?
 
Are you a programmer? If not, why mention? If you re developing/modifying software, that is not programming.

And, as I said before the TN letter should be silent on your educational qualifications, as this is up to YOU to prove, not the sponsor.

But, for now, focus on the RFE (you haven't said what it was about), then you won't have to worry about any border application.
 
nelsona said:
Are you a programmer? If not, why mention? If you re developing/modifying software, that is not programming.

And, as I said before the TN letter should be silent on your educational qualifications, as this is up to YOU to prove, not the sponsor.

But, for now, focus on the RFE (you haven't said what it was about), then you won't have to worry about any border application.
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Sorry, I meant "mention programming" in the RFE response, not to the border officer in person.

The RFE is concerning how my degree relates to the job duties. We are thinking about mapping courses that I took to specific responsibilities. The courses I took involved programming. I know CSA isn't supposed to be programming, so I'm concerned if trying to show the relation between my degree and the responsibilities through both of them involving programming would be problematic for the "Engineer" category.

I think I misunderstand what "programming" means in this context, as I would have thought that "developing/modifying software" = programming if the development/modification involved writing code. My responsibilities would certainly involve writing code, as did the courses I took. Is there another word I should be using to describe writing code other than "programming"?
 
The RFE is asking about your degree vs. your job. Is the degree related to your job? Its not required to show how each course you took will now being used at this new job. So, what is the degree and what's your job?

If you have an engineering degree, then you must be going for an engineering job.
 
nelsona said:
The RFE is asking about your degree vs. your job. Is the degree related to your job? Its not required to show how each course you took will now being used at this new job. So, what is the degree and what's your job?

If you have an engineering degree, then you must be going for an engineering job.
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Mechanical engineering degree, software engineer job.

1. Is showing how my courses relate to the responsibilities not a good way to show relation?
2. Should programming/writing code be mentioned at all? I'm confused about what an "engineering job" entails here. The most common degree for this job is Computer Science, but a degree in Software Engineering is equally as qualified
 
So you need to show how your JOB is related to mechanical engineering. Are you using your engineering training in this job, or are you (since you keep mentioning) just doing programming.
Obviously USCIS is having trouble justifying giving you a CSA job when you are an engineer. So you need to show how this is an engineering job. Mentioning programming, without relating it to engineering is a fail. Dumbing down your degree by mentioning non-engineering courses, is a fail.
Focussing on how your job is an engineering job is a win.
 
nelsona said:
So you need to show how your JOB is related to mechanical engineering. Are you using your engineering training in this job, or are you (since you keep mentioning) just doing programming.
Obviously USCIS is having trouble justifying giving you a CSA job when you are an engineer. So you need to show how this is an engineering job. Mentioning programming, without relating it to engineering is a fail. Dumbing down your degree by mentioning non-engineering courses, is a fail.
Focussing on how your job is an engineering job is a win.
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Makes sense, thanks for the advice. I'll try to focus on the engineering design process and how programming is just one part of that (implementation).
 
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