TE
TechEcho
Home24h TopNewestBestAskShowJobs
GitHubTwitter
Home

TechEcho

A tech news platform built with Next.js, providing global tech news and discussions.

GitHubTwitter

Home

HomeNewestBestAskShowJobs

Resources

HackerNews APIOriginal HackerNewsNext.js

© 2025 TechEcho. All rights reserved.

Immigration Issues for a Canadian working for Microsoft

61 pointsby groumaover 12 years ago

16 comments

arjunnarayanover 12 years ago
Degrees granted to me in the US: B.A., M.Eng, and soon, Ph.D.<p>Estimated cost of educating me paid for in entirety by American individuals (Private+Government): $600,000.<p>Chances of me getting to stay in the US:<p>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.<p>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).<p>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.<p>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).<p>Political status of this bullshit: <a href="http://www.theatlantic.com/business/archive/2012/09/why-congress-might-kill-the-most-obvious-policy-idea-in-america/262630/" rel="nofollow">http://www.theatlantic.com/business/archive/2012/09/why-cong...</a><p>Return on investment for American interests: Likely zero.
评论 #4556877 未加载
评论 #4556451 未加载
评论 #4556460 未加载
评论 #4558903 未加载
nadeemkover 12 years ago
Don't get me started on immigration issues.<p>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.<p>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.<p>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.<p>2007 - My mom applied for a US visa to come visit me. Neither approved/nor denied (Section 221(g) - name check).<p>2008 - My dad and mom both applied for a US visa to come visit me. Neither approved/nor denied - same reason.<p>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'.<p>2012 - My mom applies again. Result? you guessed the answer. Visa limbo.<p>I'm facing another visa renewal soon and I'm prepared for another night-marish episode.<p>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.<p>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.
lhcjacksonover 12 years ago
Had 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)<p>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....
评论 #4556450 未加载
stblackover 12 years ago
The Canada–United States Free Trade Agreement was negotiated between 1985 and late 1987, and was signed in January 1988.<p>The language of the treaty hasn't been meaningfully adjusted in over 25-years.<p>Therefore when you are going through the process, you should relate what you'll be doing in mid-1980's terms, especially during questioning.<p>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.<p>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.<p>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.
评论 #4556670 未加载
johnnymonsterover 12 years ago
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.<p>I really can't stand this of ignorance!<p>Without going into a personal rant about this whole thing, I really want to find out if you are already "here" in the US?<p>If you are NOT here yet, I am going to give you fair warning NOTHING is garunteed until you are across the border!<p>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!!<p>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!<p>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!
评论 #4557581 未加载
throwaway1979over 12 years ago
Sorry 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 :( :(
评论 #4556736 未加载
tatsuke95over 12 years ago
&#62;<i>"Although I am Canadian I spent my middle school and high school years in Raleigh, NC"</i><p>&#62;<i>"After I graduated from McGill in June"</i><p>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.<p>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.<p>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 <i>subsidized</i> 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?
评论 #4556431 未加载
评论 #4556612 未加载
评论 #4556891 未加载
评论 #4556570 未加载
minwcnt5over 12 years ago
If 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.<p>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.
neilkover 12 years ago
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.
评论 #4557066 未加载
anigbrowlover 12 years ago
The distinction between capital and labor perpetuates and absurd protectionism and is a major obstacle to economic growth. Immigration is a free trade issue.
评论 #4557071 未加载
paulschreiberover 12 years ago
Do not go through land crossings in Washington State. Just don't do it. Your friends were right.
mcpherrinmover 12 years ago
Of my graduating class, a large enough number were going to the United States, most of which got through without a hitch.<p>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.
ashayhover 12 years ago
The entire process is horribly broken.<p>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.<p>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.<p>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.
suthakamalover 12 years ago
One tip to make life easier after obtaining a visa to work in the US : Apply for Nexus as soon as you can.
Metrop0218over 12 years ago
That'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.
smoyerover 12 years ago
That 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.<p><i>tongue planted firmly in cheek</i>
评论 #4556818 未加载