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Immigration Issues for a Canadian working for Microsoft
- Metrop0218 14y agoThat's rough. I know a couple Canadians who went through a similar process (also for Microsoft) and had no problems. Shame to hear this guy had such a shitty experience.
- throwaway1979 14y agoSorry to hear this. As a Canadian in the US on an H1B, I've stopped visiting Canada :( This really sucks because I can't visit friends/family easily any more. The last foreign trip I had (was a quick visit to Europe for a conference), the border agent went through every single page of my documentation pack and asked me questions (intention of the questions seemed designed to trip me up on minor details). I hope the situation gets better one of these days :( :(
- minwcnt5 14y agoYour situation sounds extremely bizarre. There should be no reason to avoid traveling outside the US if you're a Canadian on an H-1B. Except maybe if it's about to expire and you have an application for an extension pending. (My employer's immigration team suggested I not travel under such circumstances.) FWIW, I've travelled in outside of the US around 20-30 times on TN/H-1B status and never encountered problems. On most of these trips I've re-entered at YYZ (Toronto), and most of the time the border agent doesn't ask me any questions at all. Occasionally they ask me what I do, who I work for, or where I live. One time I was asked about what type of software I write and possibly what my salary was. I've never been asked for any more details than that. I guess it's possible I just get an easier time than you because of profiling: white, male, well-known employer, typical Canadian/US accent, no trips to strange countries, etc.
- tatsuke95 14y ago>"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 grey area of immigration, skirting rules to take advantage of what both countries offer their citizens. Apparently it caught up to you. Edit: For the downvoters: I'm Canadian. I don't appreciate that someone who essentially grew up in the US came back here to take advantage of our federal and provincial tax-dollar subsidized resident tuition, only to turn around and leave the country for the US again the instant he graduated. Had he never left the US for school, would this have happened?
- grouma 14y agoI 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.
- tatsuke95 14y agoOn 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.
- ktizo 14y agoI'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.
- ktizo 14y agoYes, 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 go to university there after sucking the US dry of the words and numbers he stole with his brain while at school. Well that just beggars belief. That is exporting the intellectual property of the US school system to a foreign power, partly made of people who speak French. French! The language of terror. There are those who will stand by you, in this, your bravest moment, although they may want to bring a stepladder and a drysuit to do so, as you do appear to be waist deep in your own shit. [edit] Just read the edit, and I am relieved to hear that you are making a strong stand against the pernicious stereotype of Canadians being fairly reasonable people on the whole.
- lhcjackson 14y agoHad a similar experience. I came from Toronto and I am working in the states right now. I was hired as a computer engineer. I got rejected the first time for my TN visa simply because the officer asked me, does your job involve writing code? And I answered yes. Then he proceeds, so you are basically a programmer. We don't allow programmers into our country. He wouldn't listen to my explanation and further claim that I was not qualified and I was only hired because I was cheap. (which is not true, I am well compensated) Then the second time around, I had to lie and claim that I do zero programming for my job, and only "design" and "engineer" stuff. Lol....
- grouma 14y agoI've read countless stories similar to yours. It all seems like verbiage to me.
- arjunnarayan 14y agoDegrees 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 track. Probability: Low to very low. The academic market is a crapshoot, and I need to churn out some serious publications over the next 3-4 years. Scenario 2: I get employed at a Google/Microsoft class firm and they sponsor an H1-B. I wait the estimated 5 years for an EB-2 green card application to go through. Probability: very low to almost nil, as I don't want to be locked in for 5 years in such a job unless I get a researcher position (i.e. at MSR). Scenario 3: I start a company. So I have a runway of about 29 months (which is how long the US allows a graduate to stay and work under OPT rules) to either make millions of dollars and reapply under O-1/H1-B. Otherwise, I am definitely out of the country as there is no way for me to stay in the US. Probability of success: low to very low. Scenario 4: I marry an American girl and get a Green Card as a spouse of a citizen. Probability: low. I won't compromise my current/future relationships and/or hasten my life goals in order to stay in this country. Not when Canada is such an attractive option (with my degrees and partial French speaking ability I earn enough points under their system to get permanent residency on arrival). Political status of this bullshit: http://www.theatlantic.com/business/archive/2012/09/why-congress-might-kill-the-most-obvious-policy-idea-in-america/262630/ http://www.theatlantic.com/business/archive/2012/09/why-cong... Return on investment for American interests: Likely zero.
- shreyansj 14y agoYour 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.
- arjunnarayan 14y ago1. 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.
- neilk 14y agoAccording 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.
- cunac 14y agoI 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 ?
- neilk 14y agoI think that's the point. It shows that you're the kind of guy that can do that (and/or the company you work for). They are trying to stop immigration scams with TN visas filed by dummy corporations.
- anigbrowl 14y agoThe distinction between capital and labor perpetuates and absurd protectionism and is a major obstacle to economic growth. Immigration is a free trade issue.
- ktizo 14y agoIs both a free trade and a human rights issue. The desire to migrate and live and work in different places around the world should need no greater justification than mere idle curiousity and I believe that the current approach to state borders does nothing but stoke xenophobia and mistrust around the world. Also, I come from the UK, which has more UK citizens working abroad than foreign citizens working here, all while some sections of the press runs stories about how foreign workers are crowding people out of jobs. I keep trying to ask people who support banning all foreign labour, what they think will happen when everywhere else bans UK labour from their countries in return and all those UK expat workers, with their wealth of experience, come flooding back in greater numbers than the foreign workers that have just been kicked out, so leading to even greater unemployment, while at the same time guaranteeing that nobody would really want to trade with us anymore. These kind of conversations often end somewhat badly for some reason. Perhaps it might be because I tend to also mention the view that it is a bit rich for the UK to be complaining too loudly about immigration considering how big the empire grew from us going around and rudely sticking flags in other people's stuff.
- nadeemk 14y agoDon'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.
- stblack 14y agoThe 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.
- smoyer 14y agoThat seems like an awful lot of effort just to go work at Microsoft. Now maybe if it was Google, Apple or Facebook. Or one of those super-cool SV start-ups. tongue planted firmly in cheek
- deleted 14y ago[deleted]
- minwcnt5 14y agoIf 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.
- suthakamal 14y agoOne tip to make life easier after obtaining a visa to work in the US : Apply for Nexus as soon as you can.
- johnnymonster 14y agoI 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!
- ido 14y agoYeah this really irks me, not just about the US but immigration in most 1st world countries is a pain in the butt. "a million people naturalize every year, so it can't be that hard" - I'll bet none of the people that say that has first hand experience in immigrating. It is an infuriatingly opaque and arbitrary process & there is often very little you can do about it.
- paulschreiber 14y agoDo not go through land crossings in Washington State. Just don't do it. Your friends were right.
- mcpherrinm 14y agoOf my graduating class, a large enough number were going to the United States, most of which got through without a hitch. The only problems I've heard happened at the very crossing mentioned in this post -- Blaine, WA. I know that I'll make sure to never cross there to get a "Computer Systems Analyst" TN.
- faucet 14y agoWhat's wrong with programers (developers?) Why US law does not want them on US soil? Are their wages to low so they would pull down the average in US?
- ashayh 14y agoThe entire process is horribly broken. While in theory one can switch jobs during the Green Card process, in practice it is a paperwork nightmare, with plenty of IFs and BUTS to slow you down. It is compounded by the fact that it is not in the companies best interest to let the employee acquire a green card asap. The company lawyers are therefore never in a hurry, and may not go for the most expeditious process. In addition, there is rampant fraud committed by H1/L1 sweat shops. And the checks created by the Govt to check fraud, place an un-necessary burden on the employee, as opposed to the Govt agencies and employers.