apply before or after job lined up?

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rajeNew Member
Topic author
Posts: 2
Joined: 25 Jul 2009

apply before or after job lined up?

Post Sat Jul 25, 2009 10:27 am

Hi there, the posts have been really helpful in learning the ins and outs of moving to the states, but I can't find an answer to my specific case.

I am planning to relocate to the states Sept.1. I have a university degree, but it is interdisciplinary and social sciences....most work is for non-profits or international orgs, so basically it doesn't look like a TN would be legitimate.

My issue is that most jobs I would apply for (non-profits, international orgs) want you to have working status, therefore I would have to apply for a visa without a job lined up. It seems to me this would make getting the visa more difficult, what do you think?

I could do that OR apply for jobs and hope that they will sponsor me...but I might already be in the states by then....can I apply for a visa once I'm in the states? Won't this make crossing a bit tricky...with my intent to work, but no proof of anything?

Does anyone have any advice on the best action plan?
Thanks so much, Rae
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: apply before or after job lined up?

Post Sat Jul 25, 2009 4:28 pm

Why are you moving to the USA on Sept. 1st?

Yes, you need authorization to work Before you come to work.

What is it you will be doing? Job description?
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lurkingfearJunior Member
Posts: 17
Joined: 25 May 2009

Re: apply before or after job lined up?

Post Sat Jul 25, 2009 6:53 pm

You won't be able to 're-locate' without a job and a visa. Unless you lie and say you are just visiting. It doesn't work that way. The only way it will work is if you find an employer to sponsor you before you move.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: apply before or after job lined up?

Post Sat Jul 25, 2009 8:29 pm

You can't enter the US to look for work, it's illegal, although you can enter to attend a specific pre-arranged job interview.

There's no way of applying for work authorization without an employer sponsoring you, not in your situation anyway.

A lot of employers have this guff about how they won't sponsor people, they have to be careful how they phrase that because it may run afoul of the Civil Rights Act 1964, plus certain States have tougher civil rights laws.

There's no particular reason you can't enter as TN-1, provided you fit into one of the relevant categories, if the employer is a non-profit it makes no odds.
Steve.
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canuck_in_caliJunior MemberUser avatar
Posts: 10
Joined: 14 Sep 2008
Location: California

Re: apply before or after job lined up?

Post Tue Jul 28, 2009 3:50 pm

raje wrote:I am planning to relocate to the states Sept.1. I have a university degree, but it is interdisciplinary and social sciences....most work is for non-profits or international orgs, so basically it doesn't look like a TN would be legitimate.


I know a handful of Canadians who had the Dean at their school write a letter stating that their program was specializing in: [insert occupation]. If you still have good connections at your previous school someone might be willing to do that for you. But you still need to figure out what job title category you'd be in though.
Peace is the respect for the rights of others. (El respeto al derecho ajeno es la paz ).

Benito Juarez (1806-1872)
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rajeNew Member
Topic author
Posts: 2
Joined: 25 Jul 2009

Re: apply before or after job lined up?

Post Thu Jul 30, 2009 5:09 pm

Thanks for all the responses!

So, from what I understand, If I want to work legally I have to obtain a visa BEFORE crossing the border. I can't cross on a tourist visa, and then decide I want to stay, and apply for a working visa once inside?

Basically my only option is to enter the US as a tourist and then can stay for up to 6 months.

Just to answer questions:
I am moving to be with my boyfriend. I can live off of him for awhile, but obviously the best situation financially would be if I could work.

My degree is in International Development, and none of the occupations listed for the the TN Visa are even close!

Anyhow, thanks everyone! I think i will keep applying for jobs and maybe someone will sponsor me, otherwise it looks like I'm going on vacation and then relocating to a Canadian city just north of the border...
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Reba

Re: apply before or after job lined up?

Post Fri Jul 31, 2009 6:35 am

Why not have your boyfriend sponsor you for a fiancee visa, then you get married and apply to adjust status and you can stay and work and be married.

see http://www.visajourney.com for marriage based immigration info
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: apply before or after job lined up?

Post Fri Jul 31, 2009 10:32 am

raje wrote:So, from what I understand, If I want to work legally I have to obtain a visa BEFORE crossing the border. I can't cross on a tourist visa, and then decide I want to stay, and apply for a working visa once inside?


I think you have a basic misunderstanding here, there is no visa, not if you're a Canadian citizen anyway. You apply at the POE with the relevant documentation to be let in, in whatever category usually. Usually only if you are immigrating do you need a visa. To get the relevant documentation to apply at the POE for an employment-based category generally requires the assistance of the employer.

Basically my only option is to enter the US as a tourist and then can stay for up to 6 months.


If you have non-immigrant intent - if your boyfriend is a US citizen then it may sound to CBP like you have immigrant intent. Plus you must have sufficient funds to cover the trip and the purpose of the trip must fall within the visitor category. And you must have proof of an abode abroad.

I.e. if you show up at a POE with a lot of luggage, say your staying with your US citizen boyfriend for six months and your proof of funds is to say you're going to sponge off him, expect to be denied entry.

If your boyfriend is in the US in a non-immigrant category, it is possible to stay as a visitor while his status is valid: http://travel.state.gov/visa/laws/teleg ... _1414.html

However the problem with that one is that 8 USC 1101(a)(15)(B) still requires you to have an abode abroad.
Steve.
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