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Common TN Visa Mistakes to Avoid

We're posting this article to help TN Visa applicants be aware of the common mistakes so they can reduce their chance of denial. ------------ [b:1a2bc12f5d]Working in the U.S. – Common TN Visa Probl...

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hudigger
New Member

Joined: 08 Oct 2007
Posts: 1
Location: Vancouver

Posted: Mon Oct 08, 2007 11:53 am

Hi,
This is my first TN visa attempt.
I have been offered a three month contract (working Vacation/travel nurse) for Hawaii. My employment offer letter does not have a start date because my start date is dependent on obtaining a TN Visa, a SSN, then a practicing Hawaii license instead of my current conditional license. I can not obtain a license until I obtain the other two and I cannot obtain a SSN until I get a TN Visa. This makes it very complicated.
I was hoping to got the the BC/Washington border this week and attempt to get a TN visa without a start date because I will never get a start date, but anticipating December. I know it is early to apply for a TN visa, but I have to in order to obtain a SSN and Hawaii License.
Does anyone know if this is even possible, or what can I do about this situation with Hawaii?!?!

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 967
Location: North Carolina

Posted: Tue Oct 09, 2007 1:48 pm

I believe that the maximum time you can get your TN before your start date is 2 weeks, so if you would not be starting your job until December, you'd be going way too early.

I'm not sure, but check with the TN visa Experts (website linked in several places around here) about obtaining the SSN. It may be something that is automatic upon approval of the TN visa, and the SSA just sends it to you after your arrival.
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tctc
New Member

Joined: 13 Nov 2007
Posts: 6

Posted: Tue Nov 13, 2007 9:09 pm

Interesting

dannykool
CanuckAbroad Regular

You can't win if you don't play

Joined: 16 Oct 2007
Posts: 41
Location: Switzerland

Posted: Wed Dec 12, 2007 7:17 am

eddycurrents wrote: Another note: always bring originals. USCIS has 5 copies now of my engineering degree. It has not and will never change, yet every time I get a TN visa they want the original. Otherwise, rejected.

When I got my first TN, the temporary status was not an issue. This last time I got a big hassle about it. They wanted to know where I lived while I was in Canada. I said I had no home in Canada, my home was in the US -- wrong answer.

So we are supposed to keep a house in Canada, and pay mortgage and taxes on it, which means we can't get non-resident status, which means we have to pay Canadian taxes on top of the US taxes. Seriously.

Worst of all, you cannot go from TN to green card. That is against the rules. You must get an H1 visa first. However, there are only a few H1s available every year. We tried to get one, but couldn't. So we are stuck with TN. theoretically, forever.

Our immigration lawyer says he found some kind of loophole, but I am not so sure about it. We have been waiting 2 years for our green cards with no end in sight.

Working on a TN visa is precarious. You are considered a visitor, no matter how many TNs you get (I am on my 5th). Even if you buy a house and have nowhere else to live, you are still a visitor. You can't do any job other than what is on your TN. If you lose your job, you have 30 days to find another, or you have to leave the country. If you want to find another job, you need another TN. Basically, you are a hostage of your company and the US government.

We are hard working, honest, we pay our taxes and spend our money locally. Yet the US government makes us feel unwelcome at every opportunity, especially every year when we have to get another TN.

My advice about TN visa is -- don't. If you have any designs on staying in the US for a while, insist your company get you an H1. That is, of course, if you can. If you are forced to work under TN, well. don't make any long term plans.

-------

I think the post above is really good. One cannot make long-term plans on TN and it is pretty precarious, I agree. I also don't understand the fact that one is not entitled to any unemployment benefits at all and to top it off, one has to scramble to just stay in the country if one loses the job.

After paying all those US taxes, why get treated like this ? There's got to be a better option !

dannykool
CanuckAbroad Regular

You can't win if you don't play

Joined: 16 Oct 2007
Posts: 41
Location: Switzerland

Posted: Wed Dec 12, 2007 7:24 am

And another thing -- if your TN visa application is rejected, they won't let you into the country even on a 14 day visitor visa. I have been told this by 2 customs officers who nearly rejected my application. The reason is simple -- they know I will be going to work. So if your annual TN visa application is rejected at the border, you are stuck in Canada. You can't go to your home or job in the US. What happens then I have no idea and no desire to find out.

---------

This seems to be a bizarre thing. If your TN is denied, they can even deny you entry on business visits.and if on a TN, what happens to the apt./house in US ? One should find out.

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Thu Jan 17, 2008 2:47 pm

Quoting eddycurrents: "Worst of all, you cannot go from TN to green card. That is against the rules. You must get an H1 visa first. However, there are only a few H1s available every year. We tried to get one, but couldn't. So we are stuck with TN. theoretically, forever"

This is absolutely false and a myth. TN to green card has been done successfully for years. Everyone thinks Canadians need H-1Bs, they don't. Often the motive is to earn extra legal fees. The NEED for a Canadian processing a green card to change status to H-1B is illusory. This myth needs to be crushed.

So we are supposed to keep a house in Canada, and pay mortgage and taxes on it, which means we can't get non-resident status, which means we have to pay Canadian taxes on top of the US taxes. Seriously.

You don't need to maintain a Canadian residence.
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dannykool
CanuckAbroad Regular

You can't win if you don't play

Joined: 16 Oct 2007
Posts: 41
Location: Switzerland

Posted: Fri Jan 25, 2008 9:20 am

Mr. Rizzo has clarified it very well.

saikrishna
Junior Member

Joined: 22 Apr 2007
Posts: 21
Location: U.S.

Posted: Thu Apr 24, 2008 2:28 pm

Hello All:

My employer hired a law firm to create my TN documents. The position is Statistical Programmer which essentially needs a degree in Statistics/Math which I have. On the NAFTA list the occupation specified is Mathematician.

The law firm prepared the letter for me to take to the border saying that the position is Statistical Programmer (Mathematician).

Will this be okay or would it be a problem?

Any input is much appreciated. Thank you all.

Regards,

Saikrishna
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