TN after an I-275 withdrawal of app. to entry the US?

[denisQC]

Cheers to all, a ton of useful info here. Here is my question: A few weeks ago I was denied entry and allowed to withdraw my app to enter the US due to "immigrant intent" and an "overstay for longer than 180 days/less than one year", as per codes scribbled on the back page of my Canadian passport. I lived in the States for a long time, and just did not know I needed to re-enter/change status after my H1B expired the summer of last year. So i was coming back from a short trip to Europe to negotiate a contract with a US firm that wants to hire me as a TN, and all the papers are ready now. Intend to apply for TN at the airport here in Montreal, the papers are all in tip-top shape. The question is, what are the chances of this succeeding and/or what are the alternatives? The officers who denied entry were not nice at all, and did not give me any advice as to how to proceed. Thanks much in advance.

[axolotl]

The fact that you were previously denied entry due to an overstay will seriously jeopardize any future attempts at getting a TN or other US visa. Since you overstayed on a work permit before, they probably won't issue you a new permit knowing that you could potentially overstay again. I would recommend that you consult with an immigration attorney for advice on how to proceed.

[Steven]

If you've been denied entry then you haven't been banned, so you can re-try, but you might want to try a land POE so you don't waste money on a plane ticket. Drive down to Champlain. The other advantage is that you can sit around all day and answer their questions because they're not under pressure to make a decision before your flight goes.

But if you've been denied recently, there's a good chance they'll deny you again. Not much you can do about it because they denied you for a valid reason. I suppose your only real chance is to convince them it was an innocent mistake and you have no intention to overstay this time.

A local immigration lawyer will probably be able to give you advice on how long to wait again or which POE is the best to try, because it is subjective.

[evelyn]

denisQC, may I ask you a couple questions about your TN? Does the employment letter have to state an exact three year duration even the job is a contract one? Shall the letter state the payment method such like hourly rate or something? Thanks.

[axolotl]

denisQC, may I ask you a couple questions about your TN? Does the employment letter have to state an exact three year duration even the job is a contract one? Shall the letter state the payment method such like hourly rate or something? Thanks.

To qualify for a 3-year TN you need to specify dates on the offer letter corresponding to a 3-year term. You also need to specify compensation (either salary or hourly wage).

[evelyn]

denisQC, may I ask you a couple questions about your TN? Does the employment letter have to state an exact three year duration even the job is a contract one? Shall the letter state the payment method such like hourly rate or something? Thanks.

To qualify for a 3-year TN you need to specify dates on the offer letter corresponding to a 3-year term. You also need to specify compensation (either salary or hourly wage).

Thanks so much axolotl. If I specify hourly wage, do I also have to tell the weekly (or monthly) working hours, or an hourly rate is just sufficient.

[axolotl]

You probably don't need to specify the exact number of hours you will be working per week or month, but you should at least mention whether the job is full-time, part-time or contract. It's assumed that if it's a full-time job for example, you'll be working around 40 hours/week.

[Steven]

TN-1 is very vague about work hours, the regs merely say your job offer letter must describe your "daily job duties". That's it really as far as how many hours you work per day. It's not necessary to specify exactly how many hours or whether it's full-time, merely what the "daily job duties" are.

TN-1 was aimed at cross-border workers, so it's expected that people who get it may be people like doctors and teachers who deal with a patient in one country or teach a class in one country and then go back across the border to deal with the next patient or the next class.