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Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.
I'm a Canadian citizen and TN-1 eligible under the terms of NAFTA, but while I was a student I hosed up my documentation for an externship once and was denied entry (then subsequently approved later the same day when I came back with everything I needed.) I know this is a flag on my file and I'm definitely referred to secondary inspection pretty much every time I cross the border now. My problem is that now that I'm finished school, I might be looking at a residency at a US school via TN-1. How hosed am I if I do get a job offer in the US and try and pursue it?

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Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.

Ashcans posted:

Sorry, I read this earlier and didn't respond immediately, then kind of forgot about it :v: The fact that they ended up admitting you almost immediately suggests this wasn't a big deal, but it sucks that you are still stuck dealing with every time you enter. Do you feel like those secondary inspections are pretty rote? Or are they escalating/getting more serious each time? If you feel like you are getting more and more pressure/scrutiny, it might be worth talking to an attorney about ways to clear or mitigate the issue.

What status have your subsequent entries been in? I know that when some people screw up as, say, a student, they get trouble while they are entering as a student, but once they have switched to a different status it goes away.

If you were admitted and are still getting admitted then you should still be eligible for the TN. But you might be stuck answering questions about your screwup forever. That's ok as long as it is something you can address easily and consistently to get out of secondary.

I've been entering as a tourist basically since. I work in Canada, but I fly down to the USA for CE opportunities and conferences etc currently. They've never really given me trouble per se at the border it's always literally been 'what do you do for a living? How long are you staying?', I guess they flagged me as potentially seeking employment in the US?

Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.

Ashcans posted:

Honestly those sound like very normal questions for regular entry. Are you actually getting pulled into secondary? (As in, led off from the regular queue and held off for a second conversation with a senior officer after the first interaction with an agent). Nothing you have said seems like you should have additional trouble in the future with moving to another status (like TN). Just pay attention to your entries and listen if the officer gives you any warnings or advice (its not uncommon for a good officer to notice something and try to help someone out. The ones who aren't being dicks, that is).

Every time I go through the queue I get referred to a second additional queue, where I'm asked more detailed questions about my income and employment. When I try to use Global Entry or NEXUS I am instructed to see an immigrations officer. It's not unusual questions, which is frustrating, but when I asked a border officer why it kept happening he told me it was because I'd been refused entry once and it'd be a while before it stopped happening. It's good to know it shouldn't interfere with anything else though

Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.
So it turns out I'm going to be living in the USA for the next three years and going to school while working there. The school tells me that I should be fine with just an I-20 form getting across the border but that means entering with what I'm assuming is TN-1 status. Would it be advantageous for me to apply for a different visa type if I might be looking for less temporary work in the US? Would it even be possible?

Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.
I'm a veterinarian and I'm thinking mostly long term after my studies are done. Right now I'll be working full time as a resident with my salary covered under an teaching assistantship. After I finish though I'm assuming that's it and I have to go back home and if I find work apply again under the TN-1. I'm hoping to find out it there's any easier way to transition to working down there after I graduate again.

Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.

systran posted:

If it's an assistantship and your primary purpose is studying then you would be an F-1 student. You can do OPT after you graduate and (hopefully) transition to an H1 afterward.

I'm Canadian though, so the university is saying I don't need a visa at all apparently? It's a little bit confusing. Or maybe I just get it as soon as I present at the border

Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.
Probably a stupid question, but why not. I'm studying in VA for the next three years (edit: On an F-1 Visa) and I plan on driving my car down. My insurance company says there's no way in hell they will cover me while I'm in the US for that long so I need to get US insurance. Do I have to go through the whole HS-7 process to be able to get my car licensed in VA etc? Further, since that only lasts one year is that one year period or can it be renewed? Or should I be able to get insurance just fine with Canadian plates?

Solis fucked around with this message at 18:37 on Jul 6, 2014

Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.
I"m a student in the US currently on an F-1 status that will be valid until next July. As a Canadian, I'm lucky enough that my profession (veterinarian) is covered under the health professionals clause in TN-1 status, but my understanding is that status has a number of drawbacks. I'm looking to apply for a few positions in the US for next year and I just had a quick question:

Is it worth it or even possible to start in TN-1 status then consider moving to H1B later or concurrently? I've read that academic positions don't have the issue with limited H1B spots but private practice positions do, meaning if I don't luck out in the lottery I'd be SOL if that were my only way to get a position. A surgeon friend of mine is running into issues for precisely this reason, and I don't qualify for any other visa that I can tell. I've also considered the OPT part of the F-1 visa but the income limit on that is so low that it seems like a waste of time.

Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.

Ashcans posted:

Hey, late getting to this. As a Canadian, TN status is an easy way to get working, because it requires very little from the employer and isn't subject to any caps. The main disadvantage is that it is a immigrant status, so you cannot be pursuing permanent residence while a TN - also, you should be careful about putting down roots in the US, as people have been refused entry in TN when they have done things like buy a house, leaving them in a real mess. You can start working as a TN and then have your employer apply for an H-1B before you begin a residence process though, which a fair number of people do.

Note that academic posts are not subject to the cap, but if you want to switch to a non-academic posting, you still have to go through the cap selection - so its not a back door into regular employment.

I am not aware of any income limit on OPT workers, but OPT is administered by schools, so we don't deal with it directly. Do you have a link about that? I know plenty of people working in OPT making high five and even six figures.

No problem on the delay, I'm just happy to get a response! The income limit was hearsay from another student who was looking at her options out in private practice... I can't seem to find anything on it so I'm not sure now what she was talking about. If medicine counts as STEM that might also be a valid consideration for me, too, given the 17 month OPT extension. At least it looks like I'll have a few options this way.

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Solis
Feb 2, 2011

Now you can take this knowledge and turn it into part of yourself.
So I'm currently in the process of petitioning for an H1B visa this year through a job I'll be taking in July (working at a school so thankfully no concern about the cap) and I have a pending petition for OPT on an F-1 visa to cover me in the interim since I know premium processing is suspended at the moment. My school tells me that travelling on F-1 OPT is generally more difficult due to basically needing to prove that you've had a job the whole time and you're coming back to the same job, so I was thinking of travelling back to Canada for a trip beforehand (ie before I graduate) to save myself that headache. To your knowledge, is there any issue with travelling that would be relevant to the H1B or OPT petition? Am I probably just better off waiting until the H1B goes through?

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