TN Visa While Applied for PR status under Brother-Sister Cat

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anilekaNew Member
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Posts: 3
Joined: 24 Jan 2008
Location: Brampton

TN Visa While Applied for PR status under Brother-Sister Cat

Post Sun Jun 28, 2009 3:19 am

Hi
I am a Canadian Citizen, and My sister is in US, My sister applied PR statuse for me in 2003, However We are really fed up with the cold weather, and intend live in south sunny weather.

1. I am IT guy, working as Systems Support Specialist, and has a job offer from US, we managed to set it us as Computer Systems Analyst. even though if I obtained the TN visa, Do I really need to be at the employer company location or can I do remotely - Which employer is agreed, yet being on another location

2. What kind of proof I have to show my non intention of staying in US, do they find out that I or my sister has applied for Green Card?

3. With the TN visa status, on part-time can I do some other work, not related to Work Status?

4. Can my wife work under TD visa, not official but for a friend us - for cash

Anticipating an early reply, what kind of questions could I expect at the boarder
junioreka@gmail.com
Anil
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: TN Visa While Applied for PR status under Brother-Sister Cat

Post Mon Jun 29, 2009 8:41 am

anileka wrote:1. I am IT guy, working as Systems Support Specialist, and has a job offer from US, we managed to set it us as Computer Systems Analyst. even though if I obtained the TN visa, Do I really need to be at the employer company location or can I do remotely - Which employer is agreed, yet being on another location


You can be at any location in the US, what matters is that you are directly employed by the sponsor (i.e. getting a W-2 from them).

2. What kind of proof I have to show my non intention of staying in US, do they find out that I or my sister has applied for Green Card?


TN-1 requires the stay to be "temporary", which is very vague but you must maintain non-immigrant intent. How you do that isn't entirely clear, it doesn't require an abode abroad but you must be able to convince CBP when you enter. Be sure your job offer letter has a firm end date mentioned, no more than three years from the date of entry.

CBP do not routinely check to see if you've got a visa number application outstanding, they do have access to USCIS records to some extent though. Even if they do find out, those applications take so long it's reasonable for you to have non-immigrant intent at present.

3. With the TN visa status, on part-time can I do some other work, not related to Work Status?


You can have multiple TN-1s, the employer has to add it on using form I-129.

4. Can my wife work under TD visa, not official but for a friend us - for cash


Obviously not! TD has no employment authorization.

Anticipating an early reply, what kind of questions could I expect at the boarder
junioreka@gmail.com


Systems Analyst is a tricky category because of the warnings in the CBP field manual, be sure that when they ask you about it you do not mention any significant role as a programmer. It also includes the specific definition from the dept. of labor OOH handbook, about what systems analysts do, so you need to be sure your job offer letter is specific about you being a systems analyst and you have the relevant qualifications.
Steve.
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