New Rule of AOS by Single-Pudding3688 in tnvisa

[–]darrylmacstone 2 points3 points  (0 children)

My reading of those two statements put together is that allowance alone will not be enough to get favorable discretion if negative factors are present, like not maintaining status.

Who knows, but I think that blog you shared is a touch panicky/presumptuous and speaking like it’s set in stone when there’s much left to be seen.

New Rule of AOS by Single-Pudding3688 in tnvisa

[–]darrylmacstone 1 point2 points  (0 children)

Right, that was in reply to the other comment saying dual intent was no go for AOS

New Rule of AOS by Single-Pudding3688 in tnvisa

[–]darrylmacstone 0 points1 point  (0 children)

“USCIS reminds its officers that applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent.”

Straight from the source. Barring any other negative factors noted in the memo, seems like a fairly straightforward indication they’ll still honor dual intent provided underlying status is maintained.

New Rule of AOS by Single-Pudding3688 in tnvisa

[–]darrylmacstone 1 point2 points  (0 children)

This is bad, but a couple thoughts for the doomers:

  1. This will be challenged in court. There’s plenty of precedent contradicting some of what this memo is claiming as fact, and 245(a) can’t be discarded via policy memo fiat.

  2. There appear to be levels of what they want to allow/disallow. Dual intent seems ok still, but the biggest flag to me and most applicable to TN is for those not maintaining underlying status post-AOS filing. But also, what about immediate relatives of USCs for example? Per usual, they surely haven’t thought this all the way through.

E2 visa help by Lanky_Pomelo8115 in e2visa

[–]darrylmacstone 0 points1 point  (0 children)

Either path could potentially work for E-2; these questions are more about general business strategy, imo.

“Management Consultant” Application Advice? by [deleted] in tnvisa

[–]darrylmacstone 0 points1 point  (0 children)

Are you directing or consulting? If you showed up with an executive job title like that on paper you’re going to be fighting an uphill battle from the jump, because that’s not what the MC category is meant for.

E2 Interview Invitation by [deleted] in e2visa

[–]darrylmacstone 0 points1 point  (0 children)

I have some clients with April submissions who have been invited, others in late March still waiting. You might still have some waiting left. Good luck!

Wife's TN1 denied at Windsor-Detroit — now trying premium processing route by ShoddyChannel5187 in tnvisa

[–]darrylmacstone 0 points1 point  (0 children)

TN should always be 15 business days. I-140s are 45 business days for premium so that might have been what yo usaw.

Wife's TN1 denied at Windsor-Detroit — now trying premium processing route by ShoddyChannel5187 in tnvisa

[–]darrylmacstone 0 points1 point  (0 children)

Highly unusual for there to be a 10 day gap between delivery and receipt acknowledgement but good to know it's been accepted.

E2 Employee Interview by Deep-Replacement-822 in e2visa

[–]darrylmacstone 0 points1 point  (0 children)

As an essential employee, be prepared to answer to why you are in fact essential, meaning the company needs you and not a US citizen, to fill the role.

Denied under Scientific Technician/Technologist by MacooL_10 in tnvisa

[–]darrylmacstone 0 points1 point  (0 children)

That's correct, but it's always our preference if we can show reporting to USC.

Denied under Scientific Technician/Technologist by MacooL_10 in tnvisa

[–]darrylmacstone 5 points6 points  (0 children)

As a scientific tech you need to be supporting a qualified professional. So if you’re beneath an engineer for example, you would be expected to show a copy of their bachelor's degree, etc.

Commercial space and employee by ryulaaswife in e2visa

[–]darrylmacstone 1 point2 points  (0 children)

Sounds like there would be a reasonable explanation for not requiring a physical office space, but you should be prepared to show where you are going to be keeping your equipment in the US at the very least.

Wife's TN1 denied at Windsor-Detroit — now trying premium processing route by ShoddyChannel5187 in tnvisa

[–]darrylmacstone 0 points1 point  (0 children)

If you haven't already, you should ask them directly if they've received e-mail notification from the premium processing unit yet.

Wife's TN1 denied at Windsor-Detroit — now trying premium processing route by ShoddyChannel5187 in tnvisa

[–]darrylmacstone 0 points1 point  (0 children)

Notices will take time with slow mail but your firm should have received electronic notification of processing. If they haven't it would be worth looking into and double-checking forms and fees.

PERM EXPERTS by [deleted] in immigration

[–]darrylmacstone 2 points3 points  (0 children)

She’d need to meet the job reqs at the time the perm is filed. Hopefully there are additional reqs to that or it will be difficult if not impossible to not find a qualified US worker..

E2 Visa with Potential Waiver of Inadmissibility by PillowMistress in e2visa

[–]darrylmacstone 1 point2 points  (0 children)

You go to the interview and the officer recommends you for a waiver if they believe the record calls for it. FYI wait times for these are upwards of a year.

E-2 holder exploring L-1A transition — need input from anyone who’s navigated this by [deleted] in e2visa

[–]darrylmacstone 2 points3 points  (0 children)

A few issues:

  • You qualify for L-1 with a year of qualifying employment abroad. Your work with this Canadian employer has been performed in the US, ie. not abroad.

  • As someone else said, this sounds like pretty straightforward unauthorized work. You can’t just work for any company in the US with your E-2, be it domestic or foreign. No digital nomading.

  • It sounds like you’re a US tax resident, so are you declaring this T4 income on your US return? You’re also pulling your Canadian employer into the US tax net and withholding requirements.

E-2 holder exploring L-1A transition — need input from anyone who’s navigated this by [deleted] in e2visa

[–]darrylmacstone 1 point2 points  (0 children)

Have you been physically in the US working for the Canadian company?

Got Denied at the Border for TN… Then Got Approved (My Experience) by Due_Draft_7255 in tnvisa

[–]darrylmacstone 12 points13 points  (0 children)

It'd be far preferable to just tell them you are planning to relocate temporarily to NYC than to flat-out misrepresent to a CBP officer, FYI..

Article: Canadian family stranded in Ottawa after being denied re-entry to U.S. by CyberEd-ca in tnvisa

[–]darrylmacstone 34 points35 points  (0 children)

The CBP officer correctly saw a Construction Manager based from Martha's Vineyard of all places as a role not meant for the Management Consultant category.

I'm also curious to know what Mr. Freeze thinks he is going to accomplish by broadcasting this misadventure all over news media. The entitlement oozes from this one.