Question about TN, also what to do for my gf.

Hello,

My girlfriend and I are wanting to move to the U.S. for her to go to Law School; except she won't be doing it until next year, but we want to go down this year.

I'm a software developer, and I have spoken with a company that is enthusiastic about bringing me down. Problem is, I don't have a degree. I do have a "post-secondary" diploma and more than 3-years experience, but my titles have been things like "Software Architect" and "Software Developer", not "Systems Analyst". I realize that they want at least the job offer to be "Computer Systems Analyst" or something like that, which is fine, but does the experience REQUIRE that the positions I've held have that same title?

Next onto my girlfriend. She has a bachelor and will probably want to do some volunteer work, or even get an actual job if her visa would allow, between now and when she starts school. So I'm wondering a couple of things:

1. Is there a visa that will allow her to come with me, but not necessarily work (or, at least, work on a volunteer basis)

2. Will this visa (if such a thing could exist) interfere with her ability to get a student visa?

I appreciate any help I get.

On your TN issue. You need to find a job that has as its main duties the task of Computer Systems Analyst. Not programmer, not developer.

The internal job title doesn't matter, but the job functions described in your TN letter need to be accurate and meet definition of CSA.

For your experienece to count, you need to have letters from colleagues that would describe what your functions were (a resume is not enough); the functions your performed, again regardless of job title, would need to be that of CSA. Your dimplome would also need to be CSA-related.

So, you have a pretty hard sell on your hands.


Now, to your other questions.

1. If hse is considered your "cohabiting spouse" (ie does she file her Cdn tax return as common law), then she can enter US in that status. It is a "B2" status, in the sense that she still must maintain a full-fledged residence in Canada, but she is not limited to six month entry. Otherwise, she can visit you in US. Either way, she still needs a home in canada.
http://travel.state.gov/visa/laws/teleg ... _1414.html
I would not be putting too much emphasis on the "volunteerring" aspect. In the context of work visa, volunteering does not mean pro bono work as an intern at a firm (this would be illegal), it means stuffing envelopes for the Red Cross or the local church, or answer phones at a suicide hotline. If that is what she intends by volunteering, then good for her.

2. When she goes to school, she will get a student visa. Since her volunteer work won't have been anything requiring a visa, she can continue to stuff envelopes or answer phones as a student, just as easily as she did before.

OK Thanks for the information.

Looking at some of the H1B requirements, it looks like it could be a better fit for me. Apparently they count 3 years experience as 1 year of school? (And, in fact, I do have 4 years of post-secondary, just one year is in an unrelated, "in-progress" degree)

I see they want 16 years of education in total, which I guess I have. Is that correct? 12 years of school + 4 years of post-secondary, or 12 years + 3 years of post-secondary + 3 years of work?


Would my girlfriend also getting an H1B interfere with her student visa?

H1-B has much more latitude, as you say, but employers are much less likely to want to go thru the sponsorship steps.

I see they want 16 years of education in total, which I guess I have. Is that correct?

No. Your secondary education is meaningless.

What they want is a 4 year post-secondary degree. You can substitute 3 years of work for 1 year of post-secondary education. So 12 years of work would replace not having gone to college at all.

That is the only equation.

Substituting work for degree will be a judgement call by the adjudicator reviewing your employer's petition.