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Immigration Issues for a Canadian working for Microsoft

blog.garyroumanis.com

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Re: Immigration Issues for a Canadian working for Microsoft

#21

Post by nadeemk »

Don't get me started on immigration issues.

2004 - I applied to do my Master's in the United States, I had great financial aid in a good school and great GRE scores.

Student Visa? Neither approved nor Denied : Placed in indefinite limbo because I have a muslim name which brought up some flag in their database. Btw. my surname is the 'John Smith' of muslim names.

I gave up and went to Canada to pursue my education at McGill. Fantastic experience. Eventually landed a job in US and got my H1B this time. Thought the visa issues were behind me. I was wrong.

2007 - My mom applied for a US visa to come visit me. Neither approved/nor denied (Section 221(g) - name check).

2008 - My dad and mom both applied for a US visa to come visit me. Neither approved/nor denied - same reason.

2011 - After living in working in US for about 5 years and having gotten multiple visa stamps, I got to Vancouver to get my visa renewed. Placed under limbo again! Stayed in Vancouver for weeks before they 'cleared me'.

2012 - My mom applies again. Result? you guessed the answer. Visa limbo.

I'm facing another visa renewal soon and I'm prepared for another night-marish episode.

Oh yeah, forget about green card - the queue for my country has ensured that I'll be lucky to get it in this lifetime, pretty much screwing up my ability to take chances with starting my own start-up in the US.

The thing is that I really like living in this country, the work opportunities and its people. But the more I deal with the immigration system, the more un-welcomed and temporary I feel here.

Re: Immigration Issues for a Canadian working for Microsoft

#22

Post by refurb »

neilk wrote: post #15
shreyansj wrote: post #9

Earlier quoted context omitted.

Your probability for Scenario 2 is very low to almost nil. Why is that. You are aiming for R-1 university but you are not confident of getting into MSR etc? And you can still switch jobs while your Green Card application is pending. I think it's called AC21 though I am not exactly sure on the exact terminology. On a side note, H1-B is cap exempt for ALL educational institutes and non-profit organizations.

You cannot switch jobs and keep the same Green Card application. It's true you can transfer an H-1B between employers but any associated Green Card application is lost if you leave them.

This is only true during the labor certification or PERM part of the green card application. There are typically three phases to an employment-based green card app:

1. Labor certification/PERM (proof there is a need by the company) 2. I-140 application (proof you fill that need) 3. I-485 (formal application to receive PR)

It's been a few years since I went through the process, but basically, as soon as you've completed step 1, you can apply for steps 2 and 3. Once you've applied for 2 and 3, you receive an EAD card (work authorization).

It's always a little dicey to switch jobs with just the EAD because employment-based greens card require that you _intended_ to work for the employer who sponsored you. If you leave right after getting the EAD, your application may be denied because they don't believe you ever intended to work for your sponsor.

This is actually a pretty sweet position to be in because the company that hires you only has to keep applying for an EAD card for you. Pretty simple and not a lot of money.

Typically, if you wait 6 months or so after sending in the I-140/I-485, you can switch companies (through AC21). However, you need to find another job that is substantially similar to the one that was the basis of your green card application, you can't just take any job you want.

Re: Immigration Issues for a Canadian working for Microsoft

#23

Post by stblack »

The Canada–United States Free Trade Agreement was negotiated between 1985 and late 1987, and was signed in January 1988.

The language of the treaty hasn't been meaningfully adjusted in over 25-years.

Therefore when you are going through the process, you should relate what you'll be doing in mid-1980's terms, especially during questioning.

For example, something computer systems analysts supposedly do in the 1980's is draw flow charts. Call it that, because modern variants of that won't be on the checklist.

The border agents, who are all regular and normal people, seek what's specifically described in the treaty. So wise-up, and be prepared to hit the correct notes. Everything invented since 1987 isn't part of being a computer systems analyst under the treaty.

The border agents know this, and interpret the treaty to some degree under current circumstances. But forget about showing the border agent how much you know. You need to relate to what they know: the treaty, as written.

Re: Immigration Issues for a Canadian working for Microsoft

#24

Post by ktizo »

tatsuke95 wrote: post #13
grouma wrote: post #5

Earlier quoted context omitted.

I did not pay out-of-country tuition rates. I did have to pay out-of-province tuition rates though. (McGill is located in Quebec, Canada). I also applied to various NC universities and I would have had to pay out-of-country tuition rates.

On a personal level, I feel bad that your best laid plans were crushed. But from an outsider's perspective, I'm not shocked that, eventually, someone stopped you and said, "Not all is as it seems here." It's a tough economic climate out there, and people tend to get defensive when it comes to jobs.

I'm not shocked that, eventually, someone stopped you and said, "Not all is as it seems here."

I completely agree. I mean, who is going to believe such an absurd cover story as a family moving around between countries and working and going to school and stuff. What did they think they were up to? I bet they didn't even get permission from their feudal lord before daring to be found walking abroad. Don't they know the penalty for being a vagabond? Get the iron hot so we can brand them as a warning not to abuse their fealty.

Next we can go and hunt down Paddington Bear, the little marmalade eating bastard. No one asks what he was doing at Paddington Station in the first place. It should be obvious to any right thinking people that he was nothing but a top Peruvian operative, embedded in the heart of London society to incite anarchy and loose talk.

Re: Immigration Issues for a Canadian working for Microsoft

#25

Post by grouma »

stblack wrote: post #23

The Canada–United States Free Trade Agreement was negotiated between 1985 and late 1987, and was signed in January 1988. The language of the treaty hasn't been meaningfully adjusted in over 25-years. Therefore when you are going through the process, you should relate what you'll be doing in mid-1980's terms, especially during questioning. For example, something computer systems analysts supposedly do in the 1980's is…

Very true. I tried my best to hit those bullet points but unfortunately failed.

Re: Immigration Issues for a Canadian working for Microsoft

#26

Post by rantony »

arjunnarayan wrote: post #11
shreyansj wrote: post #9

Earlier quoted context omitted.

Your probability for Scenario 2 is very low to almost nil. Why is that. You are aiming for R-1 university but you are not confident of getting into MSR etc? And you can still switch jobs while your Green Card application is pending. I think it's called AC21 though I am not exactly sure on the exact terminology. On a side note, H1-B is cap exempt for ALL educational institutes and non-profit organizations.

1. The probability is low because the chance that I take it up is lower (these are two-sided decision processes). 2. The H1-B cap is not the issue. It is the green card line. Since I am from India (note: this would also apply to China) the wait is extremely long.

You don't have to wait for 5 years to become an EB-2. You can apply for the green card in EB-2 the next day you join MSR/Google or any company. You can switch your job as long as you have a valid I-140 cleared by the employer. Although you would be applying a brand new GC at the new employer you will keep your priority date you filed with the first employer. Clearning labour certification and I-140 takes only less than a year.

AC21 is when you have an EAD and want to switch before 180 days of filing I-485.

And EB-1 is still an option, if you have a PhD. The chances with EB-1 is pretty high for you.

Re: Immigration Issues for a Canadian working for Microsoft

#28

Post by ktizo »

tatsuke95 wrote: post #20
ktizo wrote: post #14

Earlier quoted context omitted.

Yes, how dare he go to school in the US while his mother was working there. Absolutely despicable. I mean, it is one thing for foreigners to try and steal all those cushy nursing jobs, but to have the gall to bring their kids along and above all expect that some of their tax contributions should go towards teaching them to read and stuff, well, obviously the world has gone communist. And then to go back to Canada and…

> "Yes, how dare he go to school in the US while his mother was working there." Pull out as many straw-men as you want, big guy. I said nothing of the sort. Great tirade though. > "And then to go back to Canada and go to university there" I'm going to assume that you're not Canadian, since you seem to have no idea how this works. I don't care that he came back to this country to go to University. It's something we ac…

I am not an American, although Canadians are, last time I checked. And anyone can lecture on open borders and minds irrespective of nationality, that sort of goes along with the concepts.

Re: Immigration Issues for a Canadian working for Microsoft

#29

Post by minwcnt5 »

If my memory is correct, the immigration team at my company recommended that I cross the border at an airport. Apparently these kind of problems may occur more often at land crossings. One might speculate it's because airports process a much higher volume and are therefore more used to this sort of thing, but I don't know if that's true.

Another thing my employer's immigration team definitely warned when I did apply for an H-1B was to be careful about traveling while the application was pending. The TN visa requires non immigrant intent, and they were concerned that a border agent might interpret an open application for H-1B as intent to immigrate. They strongly recommended that if I did travel that I not volunteer the fact that I have an H-1B pending. It's interesting that MSFT started your H-1B case before you were in the US, and I wonder if that had any effect.

Re: Immigration Issues for a Canadian working for Microsoft

#30

Post by grouma »

bosch wrote: post #18
tatsuke95 wrote: post #4

> "Although I am Canadian I spent my middle school and high school years in Raleigh, NC" > "After I graduated from McGill in June" Curious, did you pay out-of-country tuition rates to attend school here? I hope so, considering you didn't live, nor plan to work here. Keeping in mind that all I have to go on is this little tale, I ask because it seems like you (and your family) have done a lot of walking through the gr…

I don't understand why people are down voting this comment. It seems like the OP is a "citizen of convenience" like those in Lebanon who only wanted to make use of their Canadian citizenship when war broke out despite the fact that some of them hadn't been back to Canada in 5+ years. Not that this really has a place in the main discussion, although it does involve citizenship in a different way.

I understand your point of view. I didn't return to Canada for convenience though. I returned because McGill is phenomenal school. Moreover, I knew I would need to do internships during university. This would not be possible while under my mother's TN visa.
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