Everything posted by big_M
big_M replied to Joe03's topic in Other Work VisasThere is a TN-1 category for Engineer but the requirement is a baccalaureate degree, there is no provision for a combination of a diploma (2-year accredited) plus 3 years work experience as in some of the more flexible NAFTA occupations. H1B is a definite possibility as some of the 4-year degree requirements can be substituted by work experience. The general rule of thumb is 3 years of work experience may be substituted for each year of the degree. However, your work authorization would not be instantaneous as it is under NAFTA and you might have to wait to file the petition for H1B, but it is definitely a possibility depending upon your brother's education and length of work experience.
In the past, Rainbow Bridge, Niagara Falls has been notoriously consistent in applying case law to the various TN categories. They insist upon a Computer Science degree if you are applying as a CSA and an Engineering degree if applying as an Engineer. They have also been known to deny TN's there if your job duties are not consistent with the definition of a CSA's duties as set out by NAFTA. Consult an attorney to see if your degree is appropriate to be applying as a CSA (Computer Systems Analyst), and that your duties under your job title are consistent with the definition of a CSA's duties under TN. Your degree should be in CS, Mathematics, or IT to apply as a CSA. If you have an Engineering degree and apply as a CSA, certain ports applying case law will deny you. In the past, these are typically the New York ports of entry, Buffalo and Niagara Falls. After two denials, don't attempt a 3rd time without getting a lawyer's guidance on this one as the stakes get higher after each subsequent denial.
I believe your employer is confused here. Form I-539 is used to process a change of status, for example from L1A to B-2. This has no relevance to an H1B or H1B extension since you are not changing status. You have to depart the U.S. by August 2011 or the I-94 expiry date.