So, you want to move to the States eh?

Moderator: Reba

Re: So, you want to move to the States eh?

Postby agnelson » Thu Sep 03, 2009 5:56 am

Reba wrote:You have to apply/receive [initial] TNs at a border crossing, you cannot apply for them within the US.


Not so. Anyone legally in US, even one in tourist status, can apply for an initial TN by mail, by filing an I-129. This is usually impractical, as I-129 takes months or requires paying extra $1000 for premium processing, but it can and is done.

And while it is not proper enter US as a visitor for the purpose of job searching, there is nothing precluding someone from incidentally finding such a job while vacationing, and then applying for TN for it (either by mail or back at border).

Glad to help.
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Re: So, you want to move to the States eh?

Postby Reba » Thu Sep 03, 2009 1:49 pm

And there is nothing precluding a US CBP to deny a TN applicant if they just happened to "incidently find a job" while on vacation. ;)
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Re: So, you want to move to the States eh?

Postby agnelson » Thu Sep 03, 2009 4:11 pm

Why? I-129 states that one can switch to a working status from B2. And at the border, the person is going to the border from Canada, so their current request is completely legit.

Lets give CBP some credit. they are probaly more like lawsrlaws than you give them credit for. (yeesh, I never thought i'd sy that). :oops:
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Re: So, you want to move to the States eh?

Postby Reba » Fri Sep 04, 2009 3:11 am

And I'm sure lawsrlaws would agree with me, that any time anyone tries to enter the US for *any* reason, it is entirely up to CBP whether or not that person will enter. Doesn't matter what a TN or other visa application says, entry to any foreign country is a priledge, not a right. And if CBP suspects any wrongdoing on the part of the applicant/traveller, they can deny the application.
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Re: So, you want to move to the States eh?

Postby agnelson » Fri Sep 04, 2009 4:54 am

Finding a job in the US is not wrongdoing. C'mon Reba. You do realize that one is even allowed to go on an sheduled interview while on B2? CBP regularly allows visitors to enter for this -- so finding a job is NOT unlawful or illegal. They simply get assurance from the vistor that that is his only reason for going, and that he is returning to Canada thereafter.
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Re: So, you want to move to the States eh?

Postby Dremani » Fri Sep 04, 2009 11:10 am

My friend who is a technical writer was asked the first time she applied for her TN how she found a job if she was "only visiting". She told them which is true that a friend of her boyfriend was mentioning that the insurance company she works for needs an experienced tech writer with a BA in communications. Since my friend was unable to gain employment in Ontario in this field, she was able to land an interview with the company eventually getting the job. The company liked her so much they decided to keep her indefinately and now she holds a GC.

While some things just happen to be circumstantial, she was questioned as to how and why she was able to land employment while being a "visitor". So Reba is right in a sense and so is agnelson.
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Re: So, you want to move to the States eh?

Postby lawsrlaws » Fri Sep 04, 2009 2:32 pm

This is another case of "your both right".

It is technically illegal to enter the USA to look for employment. With that said, it is fine to come to the USA for an interview to obtain a job.

Whats the difference? A planned interview with a company is professional and usually never questioned, its acceptable. On the other hand, coming to the USA as a Visitor and exploring the counrty in search of employment, is frowned upon. (your not a visitor) Has anyone ever been refused a TN because they found work when on vacation.....I doubt it. Can it happen, yes.
Does it piss off the Officer.....yes. Officers questioning someone how they found a job when only visiting is valid, but probably will not result in a refusal.
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Re: So, you want to move to the States eh?

Postby floridarental » Tue Sep 08, 2009 6:20 pm

Greetings from Florida. We own an oceanfront vacation rental studio in beautiful Sunny Isles Beach..Our rates are affordable. The property is very clean and everything is provided. Thanks
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