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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

#41

Post by johnnymonster »

I really feel your pain. For a lot of people reading this article, its not going to make a whole lot of sense. They are just going to think that you don't really deserve to be here no matter how much good you contribute to this earth.

I really can't stand this of ignorance!

Without going into a personal rant about this whole thing, I really want to find out if you are already "here" in the US?

If you are NOT here yet, I am going to give you fair warning NOTHING is garunteed until you are across the border!

I don't care if you have an approved H-1B visa! This means nothing. The border patrol agent has the FINAL say and can deny your entry into the US for ANY REASON AT ALL! I repeat! You can be denied ENTRY with an APPROVED H-1B!!

Make sure you have all your facts straight when you are going to cross! Your denial of entry is a HUGE problem. that is going to throw up RED flags like no other when trying to cross the border so please make sure you work closely with your lawyers here!

I really hope that all works out well for you and good luck! If you are already in the country and are just waiting to work! I'm really happy that you made it past all those bastard border patrol agents!

Re: Immigration Issues for a Canadian working for Microsoft

#42

Post by refurb »

neilk wrote: post #31
refurb wrote: post #22

Earlier quoted context omitted.

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 complet…

I've never heard of this before, from either my lawyer or any of the lawyers for any of the firms I've worked for. And I have asked this question specifically, because in my case, it may take much longer than normal to get a Green Card. But I'll investigate.

I did a quick google search and it appears that in order to switch jobs you need to have your I-140 approved, so I did misspeak on that point.

However, since the labor certification part (PERM) is a much quicker process and you can file for your I-140 and I-485 concurrently, it's not unreasonable to assume that from the date you first start the process, you'll likely to be able to switch jobs after 2 years or so.

This is actually really important for those poor souls from India and China who have priority dates that still in the 90s and won't likely get the physical green card for at least 5 years if not longer.

One thing to keep in mind is that lawyers often disagree as to how to interpret the USCIS regulations. I've had lawyers say "Jesus! Don't even leave the country!" and others say "Yeah, it's fine to switch jobs, no problem." It just depends on how risk adverse they are.

Re: Immigration Issues for a Canadian working for Microsoft

#43

Post by refurb »

arjunnarayan wrote: post #7

Degrees granted to me in the US: B.A., M.Eng, and soon, Ph.D. Estimated cost of educating me paid for in entirety by American individuals (Private+Government): $600,000. Chances of me getting to stay in the US: Scenario 1: I get a tenure track job at an R-1 University, and I am exempt from the H1-B cap. The subsequent waiting time for my green card application is not long as I will be able to apply under the EB-1 tra…

You should seriously look at applying under EB-1 (extraordinary ability).

I had a coworker that obtained a PhD in China, got an industry job and then filed under EB-1 after publishing a number of scientific papers. He was a very good scientist, but not what I would regard as having "extraordinary ability".

The nice part is that you can self-petition, so no need to wait on your employer to start the process, no need to go through labor certification, which shaves a good year off of the process and typically priority dates are all current (even for countries that are typically affect by yearly quotas).

My coworker ended up getting his green card in a little over a year from starting the process.

Re: Immigration Issues for a Canadian working for Microsoft

#44

Post by ojbyrne »

brg wrote: post #37
grouma wrote: post #25

Earlier quoted context omitted.

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

Why did you continue to go to the same border crossing?

Using different border crossings is seen as a red flag by the agents.

Re: Immigration Issues for a Canadian working for Microsoft

#45

Post by ktizo »

tatsuke95 wrote: post #40
ktizo wrote: post #36

Earlier quoted context omitted.

I don't understand this... Well it is lucky I came prepared then. Here, I brought this map along. Have a look, this bit is a continent called "America". The bit at the bottom is what was first referred to as America by colonists from Europe, although the name was eventually used for the whole connected landmass, and the bit at the top is generally referred to as "North America", in which we have Mexico, the USA and C…

> "But everyone in the continent are Americans, as they are all from America." You're just itching to have a ridiculous argument, aren't you? Take your pseudo-intellectual nerd-rage elsewhere. There are genuine problems with the immigration rules in the US. Some are described in this very thread. The author's case is marginal.

Ok, sorry for my somewhat colourful expression of annoyance. It is completely true that I shouldn't get so wound up by bobbins on the internet.

However, I got annoyed because I thought you were being extremely closed minded by seeming to find it somehow dishonest or greedy for someone who spent the first part of their childhood in one country and then the second part in another, to go to university in the country they were born in without paying money that they were not asked for or required to pay, and to then try and look for a job in the country in which they went to high school and in which their mother still lives.

I found that to be such an outrageously bleak, ridiculous and restrictive view of the obligations of migrants, that I decided to ridicule it.

Re: Immigration Issues for a Canadian working for Microsoft

#46

Post by ta12121 »

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…

If he had stayed in the US he would have been considered an international student, and thus ineligible for local tuition. If you had your way, the same would be true in Canada. Now what does OP do?

Re: Immigration Issues for a Canadian working for Microsoft

#48

Post by tzs »

grouma wrote: post #10
arjunnarayan wrote: post #7

Degrees granted to me in the US: B.A., M.Eng, and soon, Ph.D. Estimated cost of educating me paid for in entirety by American individuals (Private+Government): $600,000. Chances of me getting to stay in the US: Scenario 1: I get a tenure track job at an R-1 University, and I am exempt from the H1-B cap. The subsequent waiting time for my green card application is not long as I will be able to apply under the EB-1 tra…

I can't remember which TED talk I saw but they discussed this very issue. It's alarming to think one of America's biggest export is Master/PhD students.

I don't think it is alarming. Check out most lists that rank graduate schools around the world. The US is quite disproportionately represented among the top. We've got Harvard, Berkekey, Stanford, Caltech, MIT, CMU, Chicago, Princeton, and UCLA for instance. No one else comes close to having that many schools of that quality.

The UK has two to four, and nearly everyone else has none or one.

Given this, it is not at all surprising that a lot of foreign students come to the US for graduate school even if they do not intend to stay in the US after getting their degree.

Re: Immigration Issues for a Canadian working for Microsoft

#50

Post by cunac »

neilk wrote: post #16

According to the lawyers I have had, and my own personal experience, it is a bad idea to try to obtain a TN visa at a land crossing. Your chances of success are higher if you go through the airport.

I got 3 TN visas on Buffalo border , if your papers are decent there should be no issue and I was applying under Management Consultant category (arguably hardest type of TN to get) Why would you risk wasting your airplane ticket in case visa is denied ?
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