Urgent please...trying again tomorrow for TN

[blkgryphon]

Hi Lawsrlaws,

The company that wants to hire me is one of the largest of its kind in the world, with over 20,000 employees. Their head recruiter is now giving me a more detailed job description that explains what I will be doing and specifically states that this is not a programming position (it was supposed to arrive today but there was a mail delay). I am well-qualified for the position and have not lied to the border agents. And yet, there they were, quite literally yelling at me and threatening to fine both me and the company for making a false application!

I am not and have never been a programmer, and my job history reflects that. I would have thought this was as close to a "no brainer" as one could get in terms of a straight forward, simple, TN application. I am a polite guy, did not raise my voice or try to be challenging to them. The company that is offering me a job is extremely reputable, and the position is clearly stated.

Any yet, I have this sinking feeling now that this fantastic, perhaps once in a lifetime opportunity is going to be lost due to the misconception that I am a programmer trying to sneak in as a CSA. I don't know why they would even begin to think that the head recruiter of a multi-billion dollar company would stick his neck out and lie to hire a programmer, when programmers are a dime a dozen in the U.S., and you can outsource that work to India these days.

I was so shocked and shaken by what happened the other day that I have lost all faith in this being at all a clear, logical process based on the facts presented. It was truly awful.

Nonetheless, once I have the letter in hand, I will be going back, and I am planning to go very early in the morning so that I avoid the crowds, which I think add to everyone's stress. I am hoping that if it is quiet, the agent will not feel rushed or hassled, as they seemed to the other day with all the people piling up in the office. I will try to be as clear and straightforward as possible, and I will continue to be honest. I would like to believe that this should be good enough, but the other day proved otherwise.

It's really too bad, because the first officer I was dealing with the other day was very nice, all was going well, then he got called off to go deal with something else, and from the second the new guy started walking over, I could tell by his expression and body language that he doesn't like the very idea of the TN applicant, and I was no exception. I don't think I would have had any issue whatsoever had it all stayed in the hands of the first guy, who seemed quite level headed and fair.

I personally find it appalling that a matter of such importance should depend upon the personality, mood, attitude, etc. of any individual. It should be objective and simple: you have the job offer, you are qualified, you have a clean criminal record, you get your TN. But it has been proven that the same set of documents can get a "pass" from one guy and get rejected by another. This subjectivity is unbelievable to me.

I was further discouraged by being informed that the hearing you are supposed to be able to get if you feel you have been wrongly rejected is a farce -- that they will basically rubber stamp whatever the agent said. Has that been the experience of anyone here? If I do get rejected again, I would lose the job, I'm sure, as they can't wait around for a hearing process that I imagine would take months. Nonetheless, I feel I should appeal that decision, should it get made, on principle alone. Any thoughts on this subject?

[Junoon123]

All i can say is best of luck to you. I have a good feeling that this might work out. Don't be discouraged their will be plenty of more opportunity in the future as well.

i'll pray for ya man

Take care and let us know what happens
Thanks
M

[blkgryphon]

Thanks for the words of encouragement, M. I can really use them right now. I will keep you posted.

[Junoon123]

Whats going to happen is going to happen. Things in the end always work out for the best just keep this in mind.

I am very positive it will be ok


Thanks
M

[blkgryphon]

Update to the TN application :

Recapping.........

Attempt #1.......I was turned away because I requested a visa just 4 days before going down ( ie. they said I needed to be going down right then and there ), so some agents are sticky on this point. In fact of the 5 agents I discussed this with over this whole process, only one held out any hope of a limited pre-employment visa issuance.

Attempt #2........I was turned away again even though I met all criteria ( as per the above ranting explanation ). Do not use the words program or programming ever in any of your documentation if you are applying as a CSA. Also, don't go to one of the busier border crossings in Canada on a hot August Friday afternoon and expect any joy on the face of the border agent who discovers you are there to apply for a TN.

Attempt #3........this story has a happy ending. I contacted my employer again and asked for an expanded job description that made it very clear ( which it really was in the offer letter but... ) that the job was not a computer programmer position ( remember - no TN classification for that one ), but rather a CSA. Got that on company letterhead and signed ( always bring originals as many others have said ). Got to a less busy crossing early and it all went smoothly and professionally which restored my faith in the process somewhat.

One little tip that may help. I was asked at the beginning of the application process the third time for the phone number of the manager that I will be working under. Fortunately I had his cell, work, and even home numbers on me. I think the agent did call while I waited. If I hadn't had that it may not have gone quite as well.

[Junoon123]

I am so so so happy for you. Good you got it, you know i had a very strong feeling that you will, i have now i think on my 7th visa, 4 F visas and 3 TN sometimes their are issues but eventually these officers are very professional in the end i guess its nothing personal, if you qualify they will let it go if you don't they will deny it.

Good you got it.
Take care and enjoy