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HELP PLEASE! Canadian trying to get work visa, please read.

HELP PLEASE! Canadian trying to get work visa, please read.

Old Aug 9th 2002, 11:30 pm
  #1  
Just Joined
Thread Starter
 
Joined: Aug 2002
Posts: 12
clairet is an unknown quantity at this point
Default HELP PLEASE! Canadian trying to get work visa, please read.

I posted to the US Immigration forum. OOPS! =P

Hi there,

Here is my story, hopefully someone can help me with this.

I'm a Canadian citizen with engineering degree. My boyfriend got a job in the US and I came with him as part of a roadtrip/help him get settled kind of trip. I was planning on going back home in a few weeks. But now that I'm here, I really would like to stay living with him. Both of us have no plans to obtain citizenship in the US. My problem is I don't currently have a job offer and I read somewhere on this forum that we're not allowed to look for jobs while in the US.

I realize some of these questions have been asked already, but I still don't quite understand the US's immigration policies, so please bear with me.

Is there possibly another way to obtain a TN visa?
The job I get has to be an engineering related field?
How much does the company have to pay for sponsorship? it is >$4000 listed on the grasmick website? I was thinking if I can say on my resume that they can take the cost out of my salary. Yes, I know I sound desperate...but only for the person I love.
If I don't get a job offer and don't plan on working, is it still OK for me to live here? ie do I have to leave after a certain period of time?
Can I obtain a Social Security Number?
Can I get a bank account?
If all else fails I was hoping to get hired as an independence contractor, that's legal right??

On another note, my brother's getting his green card in a few weeks, will that help me in anyway??

Thanks in advance to all who replies.

Claire
clairet is offline  
Old Aug 10th 2002, 12:49 pm
  #2  
Stuart Brook
Guest
 
Posts: n/a
Default Re: HELP PLEASE! Canadian trying to get work visa, please read.

clairet wrote:
    > I posted to the US Immigration forum. OOPS! =P
    > Hi there,
    > Here is my story, hopefully someone can help me with this.
    > I'm a Canadian citizen with engineering degree. My boyfriend got a job in the US
    > and I came with him as part of a roadtrip/help him get settled kind of trip. I was
    > planning on going back home in a few weeks. But now that I'm here, I really would
    > like to stay living with him. Both of us have no plans to obtain citizenship in the
    > US. My problem is I don't currently have a job offer and I read somewhere on this
    > forum that we're not allowed to look for jobs while in the US.
    > I realize some of these questions have been asked already, but I still don't quite
    > understand the US's immigration policies, so please bear with me.
    > Is there possibly another way to obtain a TN visa? The job I get has to be an
    > engineering related field? How much does the company have to pay for sponsorship?
    > it is >$4000 listed on the grasmick website? I was thinking if I can say on my
    > resume that they can take the cost out of my salary. Yes, I know I sound
    > desperate...but only for the person I love. If I don't get a job offer and don't
    > plan on working, is it still OK for me to live here? ie do I have to leave after a
    > certain period of time? Can I obtain a Social Security Number? Can I get a bank
    > account? If all else fails I was hoping to get hired as an independence contractor,
    > that's legal right??

Answered already.

    > On another note, my brother's getting his green card in a few weeks, will that help
    > me in anyway??

Not really ... unless you can wait 5 to 10 years.
 
Old Aug 11th 2002, 9:19 am
  #3  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: HELP PLEASE! Canadian trying to get work visa, please read.

On Fri, 09 Aug 2002 17:55:02 -0700, clairet wrote:


    > I posted to the US Immigration forum. OOPS! =P
    > Hi there,
    > Here is my story, hopefully someone can help me with this.
    > I'm a Canadian citizen with engineering degree. My boyfriend got a job in the US
    > and I came with him as part of a roadtrip/help him get settled kind of trip. I was
    > planning on going back home in a few weeks. But now that I'm here, I really would
    > like to stay living with him. Both of us have no plans to obtain citizenship in the
    > US. My problem is I don't currently have a job offer and I read somewhere on this
    > forum that we're not allowed to look for jobs while in the US.

That is kind of true if you come as a tourist. Actually, you are allowed to *look*
for work, but you are not allowed to start working. You have another option, though:
marry him and come to the US as a TD (spouse of a TN). You still won't be allowed to
work, but you can at least be with him, and you also can take your time looking for a
job that would sponsor you and get you an H-1B.

As for citizenship, that would be many years down the road anyway. You can't become a
citizen until you have had a Green Card for at least five years. So that would still
be a very long time off.

    > I realize some of these questions have been asked already, but I still don't quite
    > understand the US's immigration policies, so please bear with me.
    > Is there possibly another way to obtain a TN visa? The job I get has to be an
    > engineering related field?

It has to be related to your degree. More precisely, the job must require your
particular type degree. In most cases, that indeed means, an engineering job if you
have an engineering degree, but it doesn't have to. If the job description calls for,
say, a physicist and says something like "an engineering degree is acceptable in lieu
of a physics degree" then you would also be fine. There are also other types of job
that you might be able to accept, for instance teacher could work.

A lot of it depends on exactly how the paperwork to the INS is phrased; work with a
good attorney to get it straight.

    > How much does the company have to pay for sponsorship? it is >$4000 listed on the
    > grasmick website?

Most of that is lawyer's fees and the like, but the number sounds realistic.

    > I was thinking if I can say on my resume that they can take the cost out of
    > my salary.

That is actually fairly common (don't say it so blatantly, though. The last thing you
want to do on a resume is sound desperate!) It can be legal, as long as the salary
after this reduction is still above the prevailing wage.

Also, if your employer gets you an H-1B rather than a TN visa, there is one $1000 fee
that the employer has to pay and cannot ask for reimbursement from the employee in
any way, shape or form.

    > Yes, I know I sound desperate...but only for the person I love. If I don't get a
    > job offer and don't plan on working, is it still OK for me to live here? ie do I
    > have to leave after a certain period of time? Can I obtain a Social Security
    > Number? Can I get a bank account?

As a TD, you will not be able to work or get a Social Security Number. You can still
get a bank account using your Individual Taxpayer Identification Number (ITIN), which
you can apply for from the IRS.

    > If all else fails I was hoping to get hired as an independence contractor, that's
    > legal right??

Yes, but only if you get a TN for that assignment. In other words, you'd still have
the same paperwork to complete.

    > On another note, my brother's getting his green card in a few weeks, will that help
    > me in anyway??

Unfortunately, not realistically. It will be about fifteen to twenty years before
it would help you. He would first have to become a US citizen, and then sponsor you
in the family 4th category, which currently takes around twelve years - with a
growing tendency.

Ingo
 
Old Aug 12th 2002, 9:29 pm
  #4  
Just Joined
Thread Starter
 
Joined: Aug 2002
Posts: 12
clairet is an unknown quantity at this point
Smile Re: Re: HELP PLEASE! Canadian trying to get work visa, please read.

Thank you for addressing all my questions!

A teacher! That's exactly what I had in mind! I'm not interested in corporate jobs and would love to be a teacher for computer/techology classes. Unfortunately, I do'nt have California license...but I will try to see if anyone will hire me because I am planning on obtaining one.

I went to research what types of jobs are allowed under the NAFTA agreement and didn't see teachers... so there may be a problem there. I did find teaching jobs which did say that an engineering degree is ok. And how do I know what salary range is acceptable..ie whatever would pass? I guess I need professional help eh?

Claire~

Originally posted by Ingo Pakleppa:
On Fri, 09 Aug 2002 17:55:02 -0700, clairet wrote:


    > I posted to the US Immigration forum. OOPS! =P
    > Hi there,
    > Here is my story, hopefully someone can help me with this.
    > I'm a Canadian citizen with engineering degree. My boyfriend got a job in the US
    > and I came with him as part of a roadtrip/help him get settled kind of trip. I was
    > planning on going back home in a few weeks. But now that I'm here, I really would
    > like to stay living with him. Both of us have no plans to obtain citizenship in the
    > US. My problem is I don't currently have a job offer and I read somewhere on this
    > forum that we're not allowed to look for jobs while in the US.

That is kind of true if you come as a tourist. Actually, you are allowed to *look*
for work, but you are not allowed to start working. You have another option, though:
marry him and come to the US as a TD (spouse of a TN). You still won't be allowed to
work, but you can at least be with him, and you also can take your time looking for a
job that would sponsor you and get you an H-1B.

As for citizenship, that would be many years down the road anyway. You can't become a
citizen until you have had a Green Card for at least five years. So that would still
be a very long time off.

    > I realize some of these questions have been asked already, but I still don't quite
    > understand the US's immigration policies, so please bear with me.
    > Is there possibly another way to obtain a TN visa? The job I get has to be an
    > engineering related field?

It has to be related to your degree. More precisely, the job must require your
particular type degree. In most cases, that indeed means, an engineering job if you
have an engineering degree, but it doesn't have to. If the job description calls for,
say, a physicist and says something like "an engineering degree is acceptable in lieu
of a physics degree" then you would also be fine. There are also other types of job
that you might be able to accept, for instance teacher could work.

A lot of it depends on exactly how the paperwork to the INS is phrased; work with a
good attorney to get it straight.

    > How much does the company have to pay for sponsorship? it is >$4000 listed on the
    > grasmick website?

Most of that is lawyer's fees and the like, but the number sounds realistic.

    > I was thinking if I can say on my resume that they can take the cost out of
    > my salary.

That is actually fairly common (don't say it so blatantly, though. The last thing you
want to do on a resume is sound desperate!) It can be legal, as long as the salary
after this reduction is still above the prevailing wage.

Also, if your employer gets you an H-1B rather than a TN visa, there is one $1000 fee
that the employer has to pay and cannot ask for reimbursement from the employee in
any way, shape or form.

    > Yes, I know I sound desperate...but only for the person I love. If I don't get a
    > job offer and don't plan on working, is it still OK for me to live here? ie do I
    > have to leave after a certain period of time? Can I obtain a Social Security
    > Number? Can I get a bank account?

As a TD, you will not be able to work or get a Social Security Number. You can still
get a bank account using your Individual Taxpayer Identification Number (ITIN), which
you can apply for from the IRS.

    > If all else fails I was hoping to get hired as an independence contractor, that's
    > legal right??

Yes, but only if you get a TN for that assignment. In other words, you'd still have
the same paperwork to complete.

    > On another note, my brother's getting his green card in a few weeks, will that help
    > me in anyway??

Unfortunately, not realistically. It will be about fifteen to twenty years before
it would help you. He would first have to become a US citizen, and then sponsor you
in the family 4th category, which currently takes around twelve years - with a
growing tendency.

Ingo
clairet is offline  
Old Aug 13th 2002, 1:06 am
  #5  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: HELP PLEASE! Canadian trying to get work visa, please read.

There is a TN category for "Teacher" at a college, seminary or university; see
http://www.grasmick.com/nafta.htm.
Teachers at elementary and secondary level are specifically excluded.

So if you got a job teaching computer/technology at a college, you could obtain
TN status.

For teaching in an elementary or secondary school, you would not necessarily need a
credential; you only need a bachelor's degree. Most private schools don't require a
credential, and even public schools have ways of granting an "emergency credential"
because there is such a shortage of teachers in certain fields.

For teaching in an elementary or secondary school, you would need to get H-1B status,
and it would be best to hire a good immigration attorney for that. You would also
have to pay, or have the employer pay, a $1000 premium processing fee if the employer
wants to put you on the payroll within the next 6 months. The INS California Service
Center is disgracefully backlogged on H-1B petitions. The delay forcing practically
everyone to pay the extra $1000 fee.

clairet wrote:


> A teacher! That's exactly what I had in mind! I'm not
interested in
> corporate jobs and would love to be a teacher for
computer/techology
> classes. Unfortunately, I do'nt have California
license...but I
> will try to see if anyone will hire me because I am
planning on
> obtaining one.
>
> I went to research what types of jobs are allowed under
the NAFTA
> agreement and didn't see teachers... so there may be a
problem there. I
> did find teaching jobs which did say that an engineering
degree is ok.
> And how do I know what salary range is acceptable..ie
whatever would
> pass? I guess I need professional help eh?

> Originally posted by Ingo Pakleppa:

>>On Fri, 09 Aug 2002 17:55:02 -0700, clairet wrote:

>>>Here is my story, hopefully someone can help me with this. I'm a Canadian citizen
>>>with engineering degree. My
boyfriend got a
>>>job in the US and I came with him as part of a roadtrip/help him get
settled kind
>>>of trip. I was planning on going back home in a few weeks. But now that
I'm here, I
>>>really would like to stay living with him. Both of us have no plans
to obtain
>>>citizenship in the US. My problem is I don't currently have a job offer and
I read
>>>somewhere on this forum that we're not allowed to look for jobs while in
the US.

>>It has to be related to your degree. More precisely, the
job must
>>require your particular type degree. In most cases, that indeed means, an
>>engineering job if you have an engineering degree, but it doesn't have to. If
the job
>>description calls for, say, a physicist and says something like "an engineering
degree is
>>acceptable in lieu of a physics degree" then you would also be fine. There
are also other
>>types of job that you might be able to accept, for instance teacher
could work.
>>
>>A lot of it depends on exactly how the paperwork to the
INS is
>>phrased; work with a good attorney to get it straight.
 
Old Aug 13th 2002, 12:16 pm
  #6  
Forum Regular
 
Joined: Jul 2002
Posts: 65
Jason C is an unknown quantity at this point
Default Re: HELP PLEASE! Canadian trying to get work visa, please read.

Originally posted by clairet:
I posted to the US Immigration forum. OOPS! =P

Hi there,

Here is my story, hopefully someone can help me with this.

I'm a Canadian citizen with engineering degree. My boyfriend got a job in the US and I came with him as part of a roadtrip/help him get settled kind of trip. I was planning on going back home in a few weeks. But now that I'm here, I really would like to stay living with him. Both of us have no plans to obtain citizenship in the US. My problem is I don't currently have a job offer and I read somewhere on this forum that we're not allowed to look for jobs while in the US.

I realize some of these questions have been asked already, but I still don't quite understand the US's immigration policies, so please bear with me.

Is there possibly another way to obtain a TN visa?
The job I get has to be an engineering related field?
How much does the company have to pay for sponsorship? it is >$4000 listed on the grasmick website? I was thinking if I can say on my resume that they can take the cost out of my salary. Yes, I know I sound desperate...but only for the person I love.
If I don't get a job offer and don't plan on working, is it still OK for me to live here? ie do I have to leave after a certain period of time?
Can I obtain a Social Security Number?
Can I get a bank account?
If all else fails I was hoping to get hired as an independence contractor, that's legal right??

On another note, my brother's getting his green card in a few weeks, will that help me in anyway??

Thanks in advance to all who replies.

Claire
For now, I would find a job as an engineer or post secondary teacher and go back to the border and apply for a TN, its not really that hard and since your area of expertise is pretty straightforward, you wouldn't need a lawyer, and the grand total cost to you is $56, thats it, not $4000.. All you would need from the employer is a letter stating an offer of employment. The letter has to have certain things on it but there are a lot of websites that can help you. If your interested I can also help with that, I got 2 TNs and my application was quite complicated and I didn't use a lawyer. Usually the whole process takes 15 minutes and its good for a year, then you can renew if you decide to stay for another year (or 2 or 3 or 4). But that would definitely be the easiest (& quickest) route for you to go for now.

Jason
Jason C is offline  
Old Aug 13th 2002, 12:18 pm
  #7  
Forum Regular
 
Joined: Jul 2002
Posts: 65
Jason C is an unknown quantity at this point
Default Re: HELP PLEASE! Canadian trying to get work visa, please read.

Originally posted by clairet:
I posted to the US Immigration forum. OOPS! =P

Hi there,

Here is my story, hopefully someone can help me with this.

I'm a Canadian citizen with engineering degree. My boyfriend got a job in the US and I came with him as part of a roadtrip/help him get settled kind of trip. I was planning on going back home in a few weeks. But now that I'm here, I really would like to stay living with him. Both of us have no plans to obtain citizenship in the US. My problem is I don't currently have a job offer and I read somewhere on this forum that we're not allowed to look for jobs while in the US.

I realize some of these questions have been asked already, but I still don't quite understand the US's immigration policies, so please bear with me.

Is there possibly another way to obtain a TN visa?
The job I get has to be an engineering related field?
How much does the company have to pay for sponsorship? it is >$4000 listed on the grasmick website? I was thinking if I can say on my resume that they can take the cost out of my salary. Yes, I know I sound desperate...but only for the person I love.
If I don't get a job offer and don't plan on working, is it still OK for me to live here? ie do I have to leave after a certain period of time?
Can I obtain a Social Security Number?
Can I get a bank account?
If all else fails I was hoping to get hired as an independence contractor, that's legal right??

On another note, my brother's getting his green card in a few weeks, will that help me in anyway??

Thanks in advance to all who replies.

Claire
For now, I would find a job as an engineer or post secondary teacher and go back to the border and apply for a TN, its not really that hard and since your area of experitise is pretty straightforward, you wouldn't need a lawyer, and the grand total cost to you is $56, thats it, not $4000.. All you would need from the employer is a letter stating an offer of employment. The letter has to have certain things on it but there are a lot of websites that can help you. If your interested I can also help with that, I got 2 TNs and my application was quite complicated and I didn't use a lawyer. Usually the whole process takes 15 minutes and its good for a year, then you can renew if you decide to stay for another year (or 2 or 3 or 4). But that would definitely be the easiest (& quickest) route for you to go for now.

Jason
Jason C is offline  
Old Aug 13th 2002, 3:41 pm
  #8  
Just Joined
Thread Starter
 
Joined: Aug 2002
Posts: 12
clairet is an unknown quantity at this point
Default Re: Re: HELP PLEASE! Canadian trying to get work visa, please read.

Yes, I also found out about the post secondary positions but I didn't know elementary and secondary levels are OK too.

So there is hope. Thank you Sylvia!

Claire~

Originally posted by Sylvia Ottemoeller:
There is a TN category for "Teacher" at a college, seminary or university; see
http://www.grasmick.com/nafta.htm.
Teachers at elementary and secondary level are specifically excluded.

So if you got a job teaching computer/technology at a college, you could obtain
TN status.

For teaching in an elementary or secondary school, you would not necessarily need a
credential; you only need a bachelor's degree. Most private schools don't require a
credential, and even public schools have ways of granting an "emergency credential"
because there is such a shortage of teachers in certain fields.

For teaching in an elementary or secondary school, you would need to get H-1B status,
and it would be best to hire a good immigration attorney for that. You would also
have to pay, or have the employer pay, a $1000 premium processing fee if the employer
wants to put you on the payroll within the next 6 months. The INS California Service
Center is disgracefully backlogged on H-1B petitions. The delay forcing practically
everyone to pay the extra $1000 fee.

clairet wrote:


> A teacher! That's exactly what I had in mind! I'm not
interested in
> corporate jobs and would love to be a teacher for
computer/techology
> classes. Unfortunately, I do'nt have California
license...but I
> will try to see if anyone will hire me because I am
planning on
> obtaining one.
>
> I went to research what types of jobs are allowed under
the NAFTA
> agreement and didn't see teachers... so there may be a
problem there. I
> did find teaching jobs which did say that an engineering
degree is ok.
> And how do I know what salary range is acceptable..ie
whatever would
> pass? I guess I need professional help eh?

> Originally posted by Ingo Pakleppa:

>>On Fri, 09 Aug 2002 17:55:02 -0700, clairet wrote:

>>>Here is my story, hopefully someone can help me with this. I'm a Canadian citizen
>>>with engineering degree. My
boyfriend got a
>>>job in the US and I came with him as part of a roadtrip/help him get
settled kind
>>>of trip. I was planning on going back home in a few weeks. But now that
I'm here, I
>>>really would like to stay living with him. Both of us have no plans
to obtain
>>>citizenship in the US. My problem is I don't currently have a job offer and
I read
>>>somewhere on this forum that we're not allowed to look for jobs while in
the US.

>>It has to be related to your degree. More precisely, the
job must
>>require your particular type degree. In most cases, that indeed means, an
>>engineering job if you have an engineering degree, but it doesn't have to. If
the job
>>description calls for, say, a physicist and says something like "an engineering
degree is
>>acceptable in lieu of a physics degree" then you would also be fine. There
are also other
>>types of job that you might be able to accept, for instance teacher
could work.
>>
>>A lot of it depends on exactly how the paperwork to the
INS is
>>phrased; work with a good attorney to get it straight.
clairet is offline  
Old Aug 13th 2002, 3:44 pm
  #9  
Just Joined
Thread Starter
 
Joined: Aug 2002
Posts: 12
clairet is an unknown quantity at this point
Default Re: Re: HELP PLEASE! Canadian trying to get work visa, please read.

Thanks Jason. I will certainly need your help later when I find an employer and has to figure out what to say on the offer letter.

Claire~

Originally posted by Jason C:


For now, I would find a job as an engineer or post secondary teacher and go back to the border and apply for a TN, its not really that hard and since your area of experitise is pretty straightforward, you wouldn't need a lawyer, and the grand total cost to you is $56, thats it, not $4000.. All you would need from the employer is a letter stating an offer of employment. The letter has to have certain things on it but there are a lot of websites that can help you. If your interested I can also help with that, I got 2 TNs and my application was quite complicated and I didn't use a lawyer. Usually the whole process takes 15 minutes and its good for a year, then you can renew if you decide to stay for another year (or 2 or 3 or 4). But that would definitely be the easiest (& quickest) route for you to go for now.

Jason
clairet is offline  

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