Contradicting Information re: US Employer Sponsorship

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DonnaSmurfNew Member
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Joined: 27 Sep 2011

Contradicting Information re: US Employer Sponsorship

Post Tue Sep 27, 2011 1:45 pm

I am a Canadian citizen here in North Carolina to visit/live with my boyfriend. I have learned that I can obtain sponsorship from an employer in order to be able to work, either through a TN visa, or an H1V visa. HOWEVER, on an official government website it says, "All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their intial entry. A visitor who intends to live, work or study in the U.S. without disclosing this information beforehand may be permanently barred from the U.S."

I initially came to the USA to visit (not work) so I didn't tell border crossing that my "new" intent is to work. How do I go about this? It seems a contradiction--one site says I cannot look for work while in the USA, but how do I get employer sponsorship without looking for work?? Please help!
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AGNCanuckAbroad VIP
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Joined: 21 Jun 2011

Re: Contradicting Information re: US Employer Sponsorship

Post Tue Sep 27, 2011 2:23 pm

Well, you already ignored this guidance by coming down to "vist/live" with your boyfriend. You were only given permission to "visit" him.

As to having now found work, this is not really a problem, since your intent was not obvious at the border.


Once you find a TN job, you will need to leave US and re-enter in order to petition the TN, so this current visit will be past history.
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DonnaSmurfNew Member
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Joined: 27 Sep 2011

Re: Contradicting Information re: US Employer Sponsorship

Post Tue Sep 27, 2011 6:19 pm

Sorry, I didn't explain properly. I wasn't given any guidance prior to my arrival. When I was crossing the border, I wasn't asked what my intentions were and even if I were asked, my intention at that time was merely to come visit. Since that time (last week), I've decided I'd like to stay a bit longer. I am not working, nor am I trying to find work any longer (until I hear otherwise that I'm allowed to start seeking it again). I am staying with my boyfriend (not truly moved in). I am not sure if I'm allowed to seek out employment in order to gain sponsorship?
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agnelsonCanuckAbroad VIP
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Re: Contradicting Information re: US Employer Sponsorship

Post Tue Sep 27, 2011 7:10 pm

Since you weren't issued an I-94, you are admitted for 6 months as a tourist. During that time, you can do what you want, as long as you do not actually work. So you can certainly look for work. If you find a job, you must then go to border and re-enter on TN (or if your go for H1, employer must apply).

As long as you don't stay in US as a tourist past six months you will be fine.
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DonnaSmurfNew Member
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Posts: 6
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Joined: 27 Sep 2011

Re: Contradicting Information re: US Employer Sponsorship

Post Wed Sep 28, 2011 5:16 am

Thanks so much! This site is full of great information and I appreciate your very prompt response. I'll use this site again in the future :)
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