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cdnbotha

TN1 (NAFTA treaty) visa after a J1

By cdnbotha in Student & Exchange Visitor Visas

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cdnbotha Newbie

cdnbotha   0

Posted
Filed: J-1 Visa Timeline
Posted

I was in the US on a J1 with HRR about 20 years ago. I moved to Canada immediately after my education and have lived here since (now with Cdn citizenship).

I am now contemplating moving to US, partially because my spouse has a potential job offer, as well as interest in moving to a warmer climate, this winter was pretty bad in Toronto :-(

My questions:
- if I can find a job in US, will I have any issues getting a TN1.
- my spouse will be on an L1. When her company wants to file her for an H1 class, will there be any issues?

Thanks for any advice.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Was Canada your country of sponsorship for the J-1?

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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
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13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
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67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
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268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What is wrong with the L2?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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cdnbotha Newbie

cdnbotha   0

Posted
Filed: J-1 Visa Timeline
  • Author
Posted

Was Canada your country of sponsorship for the J-1?

No, it was not Canada, I had a South African passport.

What is wrong with the L2?

I got the impression I can't work on L2, and may not even be able to get it given it is considered a "dual-intent" visa. I am still learning the language, so may have misunderstood it.

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Google is your friend.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Unfortunately you're still subject to the two year HRR as you never actually served it. Only time spent in the home sponsoring country counts towards the two years, and in this case that's South Africa.

You would need to either return to South Africa for two years and wait it out, or obtain a waiver of the HRR. Until one of those is met, you are unable to receive an immigrant visa, or an H, L or K nonimmigrant visa.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

A waiver? 20 years later? Assuming their records go back that far to make it an issue?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

I don't believe there is any expiry on the HRR, it just stays there until it's fulfilled, either by waiver or actually doing it.

The OP will need to declare their other visas and time periods spent in the US on any new application form, and when the embassy sees it was a J-1 subject to the HRR I can't imagine them not following that to its logical conclusion.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I can not remember what it asks for a Non Immigrant Visa, just wondering how obvious it would be where he has been for the last 20 years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I never said that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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cdnbotha Newbie

cdnbotha   0

Posted
Filed: J-1 Visa Timeline
  • Author
Posted

I can not remember what it asks for a Non Immigrant Visa, just wondering how obvious it would be where he has been for the last 20 years.

I do intend to follow up on the waiver. No intention to commit visa fraud :-) my question was whether I can get the TN1 (I believe, it is considered a non-immigrant temporary visa), while the waiver process is still going on.

And whether my wife will have any issues getting a H category visa, if I am still on a HRR restriction?

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The waiver is so you can get a visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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