TN Visa while awaiting H1B?

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annmparrNew Member
Topic author
Posts: 1
Joined: 23 Jul 2010

TN Visa while awaiting H1B?

Post Fri Jul 23, 2010 6:50 am

Complicated situation - I have been hired as a physician/tenure track professor in the US, on a three year contract, at a major university. I am awaiting my H1B Visa to be approved and am back in Canada in the meantime. My future employers want me to come down to set my office and lab up, etc. so they want me to apply for a TN visa and come down. They have sent me a letter that I will be working as a "physician researcher". This is the truth, at least until my H1B gets approved. I do not wish to lie at the border, but I can omit details of the job if not asked directly. Will I get turned away if they find out I am awaiting my H1B, or that my job under the H1B is professor/physician? Will they then red flag my file? Will it affect my H1B application? My future employers say no, but I am more skeptical. Not to mention the fact I don't want to travel 5 hours to the border just to be turned away. Advice anyone? Thanks.
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agnelsonCanuckAbroad VIP
Posts: 2868
Topics: 1
Joined: 26 Aug 2009

Re: TN Visa while awaiting H1B?

Post Fri Jul 23, 2010 2:58 pm

Not that complicated.

You need a TN to do anything before you get H1.

Your employer needs to provide aletter which will describe your TN duties. That is their responsibility, not yours. Your letter speaks for you.

Awaiting H1 approval -- or even having future H1 waiting -- doe not disqualify one for Tn in the interim.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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