TN visa - Asked to come back with new letter of support


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Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 05-07-10 16:31:50

I went last Friday to Peace Bridge POE as I had my tickets booked for this Monday.Was on the bridge for an hour and waited inside for 5 hours.Then I got called and went to the counter.There were 2 officers.Went through my degrees,equivalency certificate,asked me questions on what I do in my current job and then opened the pandora box.They told me that as a mechanical engineer the only job description / letter of support that was TN eligible was that of a mechanical design engineer.If you are a mechanical engineer working in manufacturing or maintnance then the TN could not be applied against those categories.I told them that I was working in Maintenance in Oil & Gas that needs engineering expetise.They both explained to me unless the job description carried a design engineer / project / process engineer job profile a knowledgeble technician could do those jobs (non design engineering oriented).

Then he told me that get a new job description and apply for a fresh TN .I asked him if I have to come back to the same POE.He told me casually" Come back here on Wednesday and I will be here as Tuesday we will be swamped".

The letter was drafted by my the company attorney in California.He will be woking on this packet tomorrow morning on the new letter of support.Does anobody out here know of a good TN attorney in Toronto whom I could meet this Wednesday once I have the new paperwork from the company attorney.Has anybody spoken to an attorney at Bomzai Law firm.

I have a BS, MS from the US.I have been issued F1,J1,H1,B1/B2 but never had any issues in the past.

Is cross border shopping OK the next time I go? I am going back to the same POE - Buffalo.

I was not finger printed or photographed,am I in their system as a TN applicant?

My job duties are in line with Dept of Labour guidelines, Does NAFTA have different guidelines for mechanical engineers other than DOL?

What happens in case TN is denied during my second attempt? Can we go back again after that? .Can I request to see a supervisor if my TN is denied during my second visit in case I feel my case has not been judged appropriately.


The dept of Labour accepts mechanical engineers working in manufacturing and maintenance.Are these guidelines for H1 visas.
http://www.bls.gov/oco/ocos027.htm
"Mechanical engineers research, design, develop, manufacture, and test tools, engines, machines, and other mechanical devices. Mechanical engineering is one of the broadest engineering disciplines. Engineers in this discipline work on power-producing machines such as electric generators, internal combustion engines, and steam and gas turbines. They also work on power-using machines such as refrigeration and air-conditioning equipment, machine tools, material-handling systems, elevators and escalators, industrial production equipment, and robots used in manufacturing. Some mechanical engineers design tools that other engineers need for their work. In addition, mechanical engineers work in manufacturing or agriculture production, maintenance, or technical sales; many become administrators or managers."



tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 09-07-10 23:49:13

Jack,
Was TN visa issued to you on Wednesday?
Your explanation of your experience would highly enlighten other CD's.

Peace by TK


-----------------------------------------------------------------
I am a Gents and not a Ladies.


Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 10-07-10 07:18:16

TK,
Thanks for asking.The company attorney is preparing a new set of TN documents and the folks at corporate HR and the attorneys now believe in changing the job desscription completely.I will find out this week when I receive the new packet from them.I told him that if I go with a new job description they will treat it as misrepresentation.I will continue this discussion with them.

I spoke to another TN lawyer at Buffalo Brian Zuccharo and he told me that there are no job duties outlined in the NAFTA handbook for a mechanical engineer and that they use OOH book or Dictionary of Titles book.The first packet was totally in sync with the OOH guide which I checked myself and this is supposedly the bible for all employment visas for the USA.The NAFTA officer clearly told me he was looking for a NAFTA job description and not a OOH job descirption and I did not argue with him at that point.

The good thing is that some local offer has started brewing here in Toronto so hopefully this time I dont have to mew in front of the NAFTA officer as I have a good backup here in Toronto.That is when things work when you do not need them as bad.

TK,Thanks for asking and I will keep you posted.



Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 23-07-10 01:11:35

Transcript
1 Your address
2 You own / rent
3 How many kids ? Is your spouse travelling with you?
4 Read the support letter
5 Are you directly on their payroll?
6 Your last two jobs - your role with the dates?
7 Can I see your degree,equivalent certificate from N America?
8 Fingerprints and fees

Thanks



dan   
Member since: Jan 05
Posts: 449
Location:

Post ID: #PID Posted on: 23-07-10 08:22:08

Quote:
Originally posted by Jack109

Transcript
1 Your address
2 You own / rent
3 How many kids ? Is your spouse travelling with you?
4 Read the support letter
5 Are you directly on their payroll?
6 Your last two jobs - your role with the dates?
7 Can I see your degree,equivalent certificate from N America?
8 Fingerprints and fees

Thanks



Why did they ask for an equivalency certificate since your degrees were all from the US as you stated above ? Strange.



Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 23-07-10 09:22:11

Dan,
Undergrad was from India while MS was from US.



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 23-07-10 10:45:53

Thanks for sharing the update Jack .. and all the best .


-----------------------------------------------------------------
Fido.




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