Crossing the border without TN Visa, but getting it later?

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bobby2007New Member
Topic author
Posts: 5
Joined: 6 Mar 2007
Location: Toronto

Crossing the border without TN Visa, but getting it later?

Post Mon Jul 23, 2007 9:10 am

Hi, I've recently got a job offer from UBS in Stamford, Connecticut.

I was just there for my in person interview last week. At the border crossing I said that I was seeing family and going to a job interview.

The job situation has 3 parties connected to it. Agency, Wipro and UBS. Currently, my actual employer, Wipro (outsourced consulting company), has not provided me with any paperwork, they have only told me to send in passport / degree / citizenship card, and they are working on the TN Visa. UBS is where I would be working at.

I want to go to the States this Wednesday, as my job starts on Monday. The agency is recommending me to get into the U.S. and fly in Wednesday, without the VISA. They believe that the paperwork will be done for Monday. However, my concern is, what do I say at the border crossing? Agency wants me to say that I am staying with family and that my VISA will be processed for Monday. They believe that I should be able to cross the border without the TN Visa. Question is, will they let me across the border?

The only documentation I have is:

- IS this a UBS Job Offer? An UBS email from UBS saying they want me to join them, the start date and location forwarded to the Agency and then to me.

- U of T Bachelor of Business Administration Degree, 4 year degree.
- Transcript
- Passport
- Citizenship card

Will I need a job description written by the employer Wipro?
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oohmercymeModeratorUser avatar
Posts: 317
Joined: 21 Mar 2004
Location: London, England

Post Mon Jul 23, 2007 10:19 am

Um, my first thought is what kind of dodgy company are you working with?

The TN visa is something you get yourself at the border with the appropriate documentation so there is no need to send in your passport and citizenship card.

And second, they want you do enter the country illegally to work and to lie at the border. Always a very bad idea as they tend not to take such things lightly at the border.

From my experience, your job offer has to be very specific and you say the location of your job will be forwarded to your agency and then to you, so you don't even know where you are working.

And third, if you look at the NAFTA professions list http://www.nafta-sec-alena.org/DefaultS ... Ap1603.D.1, you won't see any professions that specify BA in business as a requirement. Again, this is only my experience, but they were pretty specific about my degree, my job title, and that I was licensed in that profession.

ANd, if I can say one more thing, they want you to pick up and move with a weeks notice?

Please please please check this all out. Maybe I am reading this wrong, but it all sounds sketchy to me.
Lori
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bobby2007New Member
Topic author
Posts: 5
Joined: 6 Mar 2007
Location: Toronto

Post Mon Jul 23, 2007 10:43 am

oohmercyme wrote:Um, my first thought is what kind of dodgy company are you working with?

ANd, if I can say one more thing, they want you to pick up and move with a weeks notice?

Please please please check this all out. Maybe I am reading this wrong, but it all sounds sketchy to me.


You are correct about the passport / citizenship / degree, as it seemed like they did want me to sendin that stuff. I sent them scans, and they were like, you should send in hardcopies. I'm like there's no way I'm sending in the real copies, and if I mail you copies of the stuff, coudln't you just print it instead?

This process has been quite difficult, I've had 2 weeks notice, but the Outsource company has taken a week and not processed the necessary Visa paperwork yet.

Perhaps I wrote this all too quickly. But I have already interviewed with the Swiss Bank I'll be wroking at, a few years back it was the world's largest bank.

I do not have to enter the country illegally, as Canadians are allowed to enter the U.S. without Visas. I'm just trying to see if there'll be any difficulties at the border given my special situation.
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dalekNew Member
Posts: 3
Joined: 3 Jul 2007
Location: Atlanta

Post Mon Jul 23, 2007 12:32 pm

Go to immigrationprotal dot come and do some reading.

What was said above about the TN is correct, both that a BA is typically not an allowed degree (you would have to have you employer get a bit creative within the rules posted at the link given prviously).

If you qualify for a TN, all you need is $50 and an appropriately written offer letter (there are links on that immigrationportal forum and website), some info on the company, and your degree. You ask to apply for TN status crossing the border.

If you are indeed going to WORK, and you don't have the paperwork for the TN status, then I think you need to put the brakes on and get the visa situation worked out. The only way around this would be that you are working FOR THE CANADIAN company while you are in the US, being paid by the Canadian company while you are in the US, AND the Canadian company REQUIRES you to be there (proof of work being contracted is necessary) in order to travel and work while on a B-1 visitor status. This would allow some time to get other paperwork, but is limited to 30 days, and you need to be employed by the Canadian, not the US, company. This doesn't seem to be your situation.

Good luck.
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waterwaterwaterlooloolooCanuckAbroad Regular
Posts: 69
Joined: 10 Jul 2007
Location: Roselle Park, NJ

Post Mon Jul 23, 2007 12:52 pm

bobby2007 wrote:

I do not have to enter the country illegally, as Canadians are allowed to enter the U.S. without Visas. I'm just trying to see if there'll be any difficulties at the border given my special situation.


Yes, Canadians are "allowed" to enter as VISITORS without a visa. If you state at the border that you are entering as a visitor, and you end up working in the US, you have fraudulently stated your intention at the border. Not to mention visitors status only lasts 6 months.
Send me smarties and ketchup chips!
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nelsonaCanuckAbroad Regular
Posts: 32
Joined: 23 Jul 2007

Post Mon Jul 23, 2007 1:16 pm

Just to clarify, Visitor status for a Cdn only lasts as long as it was 'negociated' for at the border, but not MORE than 6 months. In any event, since Cdns typically don't get an I-94 at the border, it is well-nigh impossible to determine how long one has been in US.

As to the quaetion about changing status while in US, it is possible to chage to TN by filing I-129. However it takes 2-3 months, or 2-3 weeks if one pays the $1000 Premium processing.

The fact that one does not have an I-94 when filing does not matter: YOu are in valid B2 status, and can changee to TN without going back to the border. It would obviously be quicker to fly back.

You cannot start at the job until you have the TN (I-94) in your palm.
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B0000rtCanuckAbroad Regular
Posts: 32
Joined: 16 May 2007
Location: Carteret, NJ

Post Mon Jul 23, 2007 6:51 pm

dalek wrote:Go to immigrationprotal dot come and do some reading.

What was said above about the TN is correct, both that a BA is typically not an allowed degree (you would have to have you employer get a bit creative within the rules posted at the link given prviously).

If you qualify for a TN, all you need is $50 and an appropriately written offer letter (there are links on that immigrationportal forum and website), some info on the company, and your degree. You ask to apply for TN status crossing the border.

If you are indeed going to WORK, and you don't have the paperwork for the TN status, then I think you need to put the brakes on and get the visa situation worked out. The only way around this would be that you are working FOR THE CANADIAN company while you are in the US, being paid by the Canadian company while you are in the US, AND the Canadian company REQUIRES you to be there (proof of work being contracted is necessary) in order to travel and work while on a B-1 visitor status. This would allow some time to get other paperwork, but is limited to 30 days, and you need to be employed by the Canadian, not the US, company. This doesn't seem to be your situation.

Good luck.


In all fairness, the degree he holds is a BBA, not a BA.


----

Congrats on the job offer! What will you be doing there?

FYI, you must have an offer letter and I believe it must describe your position, duties and also clearly state your income. You need the I-94 for a SSN and an SSN to beable to work.

-----

Alternate question, who's the Tier 1 vendor you represent? (I assume WiPro is Tier 2 to the Client)
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bobby2007New Member
Topic author
Posts: 5
Joined: 6 Mar 2007
Location: Toronto

Post Mon Jul 23, 2007 8:10 pm

UBS, stamford connecticut is the actual place I'd be working at. I'll be doing operations, for various products (unspecified thus far).

B.B.A. is a 4 year degree.

Sounds like the general consensus is to wait for the TN Visa, which the company says lawyers are working on and will be done in 3 to 4 days.
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canuckmomJunior Member
Posts: 14
Joined: 1 Jun 2007

Post Wed Jul 25, 2007 11:14 pm

Wipro is being investigated for US work visa abuse.
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oohmercymeModeratorUser avatar
Posts: 317
Joined: 21 Mar 2004
Location: London, England

Post Thu Jul 26, 2007 1:52 am

Canuckmom- they sound dodgy. Do you have link to info on that?
Lori
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