Need help for TN visa - Software Engineer

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canadNew Member
Topic author
Posts: 7
Joined: 25 Feb 2009

Need help for TN visa - Software Engineer

Post Thu Mar 12, 2009 8:44 am

Hi,
I am presently working as a Software Engineer on TN visa and about to go to the POE for the extension.
How ever I have a Bachelors in Mechanical Engineering and over 7 years of work experience in software field. I never worked in Mechanical field.
I do have a 1 year PG diploma in software engineering but that was a career college (not accredited).
I did get the TN visa as a software engineer previously on two occassions, but with the present economic situation, does it affect that I have a Bachelors in Mechanical engineering and applying as a software engineer. I did have some computer courses in the Bachelor of mechanical engineering degree. We did lots of programming in bachelors like Matlab, C etc...
I have done three equivalencies (education + experience)
One says US equivalency (academic- B.E in Mechanical) and counting work experience Bachelors in Computer Information Systems
Second one says US equivalency (academic- B.E in Mechanical) and counting work experience Bachelors in Computer Science
Third one says (education + experience) - US equivalent to a bachelors degree in engineering with a dual major in Computer information systems and engineering.
Which one will be the best, when going to the border.
Please help me and any inputs are much appreciated.
Thanks,
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Need help for TN visa - Software Engineer

Post Thu Mar 12, 2009 9:21 am

Well it sounds to me as though you've got plenty of degrees so I wouldn't worry about it as you were previously granted TN-1. The economy also has no bearing on it, they have no discretion to refuse TN-1 because of that, they're just bureaucrats doing paperwork.

Never been clear on how people get in as "software engineers" as there is no TN-1 category for it. Probably the fact you have a mechanical engineering degree is what helps, because there is an Engineer category. So in fact you're actually better off saying you're an engineer.

What job title does it say on your job offer letter? That's the real key to it. Plus it's not an "extension" or a "renewal", it's a re-grant technically speaking as they treat you the same way as an initial applicant.

If you're still working in the same position with the same employer with the same job title and the same qualifications, it may be simpler just to get the employer to file for the status on I-129 and not bother going to a POE, although I-129 does cost $320.
Steve.
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canadNew Member
Topic author
Posts: 7
Joined: 25 Feb 2009

Re: Need help for TN visa - Software Engineer

Post Thu Mar 12, 2009 9:31 am

Hi Steven,
Thanks for your quick reply.
Well I don't have lot of degrees, but just that for my engineering degree + work experience, I did evaluation with 3 different institutions.
So each institution gave me a different kind of equivalency which I mentioned before.

The job title exactly says Software Engineer and also lists atleast a couple of points like Designing, Architecting and Testing software applications, lucky enough for them to be on the duties in the occupational outlook handbook.

Thanks for your input. I am going to the POE this weekend, so will share my experience in this forum and hopefully its s good one.

Please let me know if I am missing something else.
Thanks,
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MCCanuckAbroad VIP
Posts: 364
Joined: 25 Nov 2008

Re: Need help for TN visa - Software Engineer

Post Tue Mar 17, 2009 1:47 pm

Your degree must be in the field so a Mechanical Engineering degree would not be accepted at some ports for a Software Engineer. There is a 100% chance of being refused at Niagara Falls and maybe even Toronto. Buffalo has changed the Free Trade Officer so I am not sure what to expect going through there.

Equivalencies are not permitted under NAFTA except to show that a foreign degree is equivalent to a U.S. degree.

Your two previous TN's were issued in error. TN requires a precise fit between degree and occupation. The most dangerous aspect is being admitted at an easy port and then crossing through a stricter port back to Canada. Then those strict ports will apply the law and your TN will be history. The importance of having good information cannot be underestimated. You probably should be on H1B Status in a specialty occupation.

It would probably come down to how many computer courses are on your Mechanical degree. If TN is problematic, consider switching to H1B. The last few years however, all H1B's were taken the very first day and competition is fierce from the rest of the world too.

I personally would not recommend applying as a Software Engineer with a Mech. Engineering degree since I have to consider the safety of others. But it does come down to personal risk and how much you want to take it.

If you are entering as a Mechanical Engineer for TN, then it is a pretty clear case, you are a Mechanical Engineer.
MC
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