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  Canada Immigration Forum > Immigration & Citizenship > Ask Immigration Expert > TN rejected and revoked but H1 approved
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TN rejected and revoked but H1 approved




Background of my situation:
I'am a Canadian citizen and I was wondering if someone can help me with my situation. I had been working in US under TN status (systems analyst). However, I recently got a new job for which I needed to get new TN as systems analyst again. This time the immigration officer rejected my TN application and told me that I do not qualify for TN as I have Bachelor's of commerce degree (I wonder how come they approve it before and I renewed it twice is last 4 years). To make things worse, the immigration officer also revoked my valid TN for my old employer. So, my employer lawyer suggested to go apply for TN again at the US consulate. I applied for new TN at US consulate in Montreal and my case has been in administrative processing for past 7 weeks and they re-opened my last approved TN renewal application from USCIS. During all this, my H1-b (change of status from TN to H1)also got approved and I have I-797 approval notice with me on hand. So my questions are the following:

1) How long it takes for administrative processing to complete?
2) How long it takes them to complete the process after they re-open my previously approved TN application?
3) Can I go to US POE with my H1 approval notice I-797 and get my passport stamped after the interview.
4) Will I have any problem to get my passport stamped with H1 while they see that my TN application is still under process.

Thank you, I would really appreciate your advice.


 
owais20

Junior Desi
Member since: Oct 17
Posts: 1
Location: Fremont

Post ID: 236182 22-10-17 02:41:08
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Full House
Senior Desi
Member since: Oct 12




Posts: 2281
Location:

Hope this helps.

Administrative Processing.. These are the facts..:

Important Notice: Before inquiring about status of administrative processing, applicants or their representatives must wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.

Throughout the entire visa application and interview process you must tell the truth and give complete and accurate information. If you do not, your visa processing will be delayed or you may be found ineligible to enter the United States.

The H1B visa processing time is usually much slower in contrast. This is because the application entails obtaining labor condition application certification and waiting for the approval of the H1B petition. You must then wait for the USCIS to process each step of the way.


H1B Visa Status

The only way to change or extend H1B visa status is by having your employer file an I-129 petition. Because you are not able to alter your status at a port of entry, this is a disadvantage of the H1B.


FH.

Please also see the list of Ineligibility provided in here.
https://travel.state.gov/content/visas/en/general/ineligibilities.html


---
Quote:
Originally posted by owais20

Background of my situation:
I'am a Canadian citizen and I was wondering if someone can help me with my situation. I had been working in US under TN status (systems analyst). However, I recently got a new job for which I needed to get new TN as systems analyst again. This time the immigration officer rejected my TN application and told me that I do not qualify for TN as I have Bachelor's of commerce degree (I wonder how come they approve it before and I renewed it twice is last 4 years). To make things worse, the immigration officer also revoked my valid TN for my old employer. So, my employer lawyer suggested to go apply for TN again at the US consulate. I applied for new TN at US consulate in Montreal and my case has been in administrative processing for past 7 weeks and they re-opened my last approved TN renewal application from USCIS. During all this, my H1-b (change of status from TN to H1)also got approved and I have I-797 approval notice with me on hand. So my questions are the following:

1) How long it takes for administrative processing to complete?
2) How long it takes them to complete the process after they re-open my previously approved TN application?
3) Can I go to US POE with my H1 approval notice I-797 and get my passport stamped after the interview.
4) Will I have any problem to get my passport stamped with H1 while they see that my TN application is still under process.

Thank you, I would really appreciate your advice.





 
Post ID: 236192 25-10-17 01:16:45
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