TN Visa after Interview in Montreal.

[Mavin 8]

This just sounds so complicated and sigh*,

I did my interview in Montreal on June 7th, I was approved but was also requested to mail back an additional document, which I mailed that same day. My issue is this: I got a job offer back in May to start June 15th pending receipt of legal documents to work in US, this date had to be moved to July 13th because I wasn't sure I'll receive all the legal documents since my interview was just 6 days before my work start date in U.S.

Now that I have read from a lot of people here that sending a document back to Montreal may take at least 3 weeks for them to process the immigrant visa, it unfortunately appears I may not get all I need to start work July 13th (remember i'll need to get my SSN....God knows how long that will take and I obviously need to get everything in place at least a week before my start date). Today is June 15th, I don't even know if Montreal has received the additional document they requested for (I emailed them, i got no response) so here I am wondering if it'll make any sense for me to apply for a TN visa at a US POE? What are the chances of getting approved knowing fully well I'm an intending immigrant but this is about saving my job....they already pushed the start date....assuming I get denied the TN Visa, will it affect my Immigrant visa? and also how long does it take for Montreal to send back passports without the visa?

I'm so sorry I have so many questions but i'm just so confused and I need to save my job. Please help!!!

Thank you

[canadian_wife 1,822]

First, do you qualify for a TN visa? What is your degree and job?

The job you'll use for a TN, if qualified, will need to provide information to you that you can submit that the POE, since you have to talk to the HR department anyway, see if you can push back your start date (you are going for an immigrant visa right? Not a K visa?). Explain the situation and see if they'll push it back. The worst they can say is no.

And No, a TN denial will not affect your immigrant visa.

Good luck

[AstroCanada 206]

Usually with an actual TN visa, you can just apply directly at the POE. I've used the reciprocal ability to come to Canada. As long as you have a legit job offer, and your qualifications line up with the job and the NAFTA jobs list, it's pretty straightforward.

Now immigrant intent on a TN visa is actually a bit complicated from what I've read, as dual intent is not allowed.

[Mavin 8]

Yes I have an MBA and the role is in Clinical Research. And yes, i'm going for an immigrant visa not K-visa.

Thanks, i need all the luck I can get.

First, do you qualify for a TN visa? What is your degree and job?

The job you'll use for a TN, if qualified, will need to provide information to you that you can submit that the POE, since you have to talk to the HR department anyway, see if you can push back your start date (you are going for an immigrant visa right? Not a K visa?). Explain the situation and see if they'll push it back. The worst they can say is no.

And No, a TN denial will not affect your immigrant visa.

Good luck

[Mavin 8]

In my head, I am processing it like this: they know eventually I will still relocate to the states given the fact that I'm in the final stage of getting my visa processed. So why not just give me the dang TN so I can work lol. but i understand it's not as straightforward as I'm thinking.

I'll try my luck and see how far it takes me.

Thanks for your response.

Usually with an actual TN visa, you can just apply directly at the POE. I've used the reciprocal ability to come to Canada. As long as you have a legit job offer, and your qualifications line up with the job and the NAFTA jobs list, it's pretty straightforward.

Now immigrant intent on a TN visa is actually a bit complicated from what I've read, as dual intent is not allowed.

[joglen1210 10]

In my opinion and based from my wife's experience, TN visa is valid for a year and that it going to be re-applied every year. It is not an immigrant visa. I have to drive my wife every year for 2 years to RE-APPLY (NOT RENEW). Dual intent is not allowed. My wife was petitioned while on a TN Visa and it only took less than a year.

[HollywoodNorth 22]

Some out of date information in this thread.

TN-1 visas are now good for 3 years.

You don't have to renew at the border, your company can file an I-797 change of status and get a new TN-1 visa issued without having to leave the US. For some bizarre reason I had fellow Canadians with TN-1 status who decided to cross into the mexico side of the border [they lived in LA] and renew that way which DHS put a stop to. Again you don't have to do the cross border trips if you want to get a new TN-1 visa, you can file change of status.

To the op, what interview did you have in Montreal? Job interview? Or with the consulate? You shouldn't be going through the consulate for the TN-1, you can just apply at any US/Canadian POE, ie. a major airport when you fly to the US job.

If your paperwork and background is qualified, you shouldn't have any problems getting your TN-1 visa on the way to the US. If you are doing the TN-1 yourself (why isn't the company that is hiring you putting this through a immigration lawyer?) that can be a possible red flag.

BTW YOU CAN START WORK WITHOUT A SSN.

It just means you can't get paid or put onto payroll until you receive it.

When I moved to Los Angeles on a TN-1 Visa, the first thing I did after arriving was went to the social security office with my I-94/Passport with TN stamp. After a few hours it was filed and I received my SSN card [with DHS endorsement] within 2 weeks.

So I missed the first payroll period and I had to go without a paycheck for 3-4 weeks but the back pay was forwarded to the next / first paycheck.

If your employer has hired visa workers before this should know all this.

/edit

Wait you have a pending immigrant visa case? You may not get issued a TN-1 visa, it won't impact your ongoing immigrant visa case.

Edited June 17, 2016 by HollywoodNorth

[Mavin 8]

I went to the conculate for an interview relating to an Immigration Visa (CR1), my husband is american. I was just wondering if it will be fruitful to try to get a TN through the border and also, since you have been through the TN process, is it possible to explain it to me? Can my job do anything? if so, what exactly can they do? How fast is it to get the visa?

And do you think it may be difficult to get the TN-1 simply because I just basically completed the immigration process for the CR1- it's just that i'm waiting for my passport with the visa?

Thanks,

Some out of date information in this thread.

TN-1 visas are now good for 3 years.

You don't have to renew at the border, your company can file an I-797 change of status and get a new TN-1 visa issued without having to leave the US. For some bizarre reason I had fellow Canadians with TN-1 status who decided to cross into the mexico side of the border [they lived in LA] and renew that way which DHS put a stop to. Again you don't have to do the cross border trips if you want to get a new TN-1 visa, you can file change of status.

To the op, what interview did you have in Montreal? Job interview? Or with the consulate? You shouldn't be going through the consulate for the TN-1, you can just apply at any US/Canadian POE, ie. a major airport when you fly to the US job.

If your paperwork and background is qualified, you shouldn't have any problems getting your TN-1 visa on the way to the US. If you are doing the TN-1 yourself (why isn't the company that is hiring you putting this through a immigration lawyer?) that can be a possible red flag.

BTW YOU CAN START WORK WITHOUT A SSN.

It just means you can't get paid or put onto payroll until you receive it.

When I moved to Los Angeles on a TN-1 Visa, the first thing I did after arriving was went to the social security office with my I-94/Passport with TN stamp. After a few hours it was filed and I received my SSN card [with DHS endorsement] within 2 weeks.

So I missed the first payroll period and I had to go without a paycheck for 3-4 weeks but the back pay was forwarded to the next / first paycheck.

If your employer has hired visa workers before this should know all this.

/edit

Wait you have a pending immigrant visa case? You may not get issued a TN-1 visa, it won't impact your ongoing immigrant visa case.

[HollywoodNorth 22]

I went to the conculate for an interview relating to an Immigration Visa (CR1), my husband is american. I was just wondering if it will be fruitful to try to get a TN through the border and also, since you have been through the TN process, is it possible to explain it to me? Can my job do anything? if so, what exactly can they do? How fast is it to get the visa?

And do you think it may be difficult to get the TN-1 simply because I just basically completed the immigration process for the CR1- it's just that i'm waiting for my passport with the visa?

Thanks,

The process for the TN-1 visa is you need to show your credentials, proof of job history [resume, etc], diploma, plus any certifications related to your field, you'll need to have the proper paperwork filled out for the border agent, plus a job offer letter, plus any additional information on who that company is [not technically required, but my employers immigration lawyer did a big professional packet, complete with duplicate forms already filled out for the agent].

I went to Toronto airport, a few hours before my LA flight, brought my paperwork with me and told immigration that I was applying for a TN-1 visa. They directed me to secondary, I waited in line, handed in my packet and they asked me a few questions.. what was my job title, how long I worked at x company, etc. Then they scanned my eyes and took a digital finger print, and gave me a blank I94* to fill out and told me to wait. After 20 minutes the agent came back, stamped my I94 and passport with the TN-1 visa, I paid a fee and went to my flight.

*-I heard the I94 process may be all digital now.. not sure.. you may need a physical copy for the Social Security Office, I'm not 100% on that.

The whole process for me took 30 minutes at the airport.

Now.. in your situation, .. what is your CEAC status on your CR1? You are allowed to apply for multiple visas at once, if you are waiting for an interview at US consulate in Canada, then that's proof in itself that you intend to return to Canada since you need to for your green card/citizenship. On the other hand you are married to a US citizen which is an automatic red flag for any temporary work visa. An officer processing your TN-1 may view your attempt as "skipping the line" and reject it outright, ultimately its at their discretion.

In other words its hard to say without more information.

I'm confused on the save your job aspect to this... I mean technically speaking you don't have a job until you have US status [which you don't have yet].

Edited June 17, 2016 by HollywoodNorth

[Mavin 8]

Thanks for this detailed explanation. Well what I mean by "save the job" is the fact that the work start date had already been pushed once from June 15th to July 13th, I dont want to request for another change in start date so it doesn't come off like i'm tardy (although my employer is aware of my immigration situation- I informed them from the start and they said it's fine). I was so sure i'd have everything intact before the end of this week..... one truly can never be sure when it comes to things like this. *sigh*

The process for the TN-1 visa is you need to show your credentials, proof of job history [resume, etc], diploma, plus any certifications related to your field, you'll need to have the proper paperwork filled out for the border agent, plus a job offer letter, plus any additional information on who that company is [not technically required, but my employers immigration lawyer did a big professional packet, complete with duplicate forms already filled out for the agent].

I went to Toronto airport, a few hours before my LA flight, brought my paperwork with me and told immigration that I was applying for a TN-1 visa. They directed me to secondary, I waited in line, handed in my packet and they asked me a few questions.. what was my job title, how long I worked at x company, etc. Then they scanned my eyes and took a digital finger print, and gave me a blank I94* to fill out and told me to wait. After 20 minutes the agent came back, stamped my I94 and passport with the TN-1 visa, I paid a fee and went to my flight.

*-I heard the I94 process may be all digital now.. not sure.. you may need a physical copy for the Social Security Office, I'm not 100% on that.

The whole process for me took 30 minutes at the airport.

Now.. in your situation, .. what is your CEAC status on your CR1? You are allowed to apply for multiple visas at once, if you are waiting for an interview at US consulate in Canada, then that's proof in itself that you intend to return to Canada since you need to for your green card/citizenship. On the other hand you are married to a US citizen which is an automatic red flag for any temporary work visa. An officer processing your TN-1 may view your attempt as "skipping the line" and reject it outright, ultimately its at their discretion.

In other words its hard to say without more information.

I'm confused on the save your job aspect to this... I mean technically speaking you don't have a job until you have US status [which you don't have yet].