Editing Openai/691b7dfb-8d4c-8006-b835-54f81173b3df


{{DISPLAYTITLE:RFE response strategy}}

''This conversation was exported from ChatGPT''<ref>{{cite web|title=RFE response strategy|url=https://chatgpt.com/share/691b7dfb-8d4c-8006-b835-54f81173b3df|publisher=ChatGPT|access-date=2025-11-18}}</ref>

== gpt-5-1 ==
=== User: Here is some post from someone on Reddit, what would you suggest ===
Here is some post from someone on Reddit, what would you suggest

=== Assistant: Here’s how I’d look at this situation — calmly, realistically, and strategically: ===
Here’s how I’d look at this situation — calmly, realistically, and strategically:

===== A lot of people panic when they see an RFE, but in most TN cases (especially CSA / Engineer / PM roles), RFEs are very fixable as long as the response is strong and detailed. =====
The main issue here is poorly written job duties, which is extremely common when HR or lawyers submit generic language.

USCIS is basically saying:

: 

That’s fixable.
A well-written RFE response usually solves this.

===== 1. The job duties were too vague =====
# The RFE support was submitted without review
# USCIS wants proof the job fits the Engineer classification
# They want: - A detailed duty breakdown - A manager reference letter - Org chart - Evidence of technical work (not just “managing tasks”)

===== I strongly agree with the lawyer on this part. =====

If you try to do this while USCIS is reviewing your case, a CBP officer may say:

: 

And the risk is:
* They cancel your current TN
* They refuse you entry
* They add notes to your file

Not guaranteed — but a very real risk.

===== Best path: =====
* Submit a strong response to the RFE
* Wait for approval
* Then move forward cleanly

The RFE already tells you what USCIS wants.
Give it to them in detail — problem solved.

===== It depends: =====

Worst case: USCIS denies the petition
→ You still have your current TN, valid until expiration
→ You can keep working for the old employer
→ You can apply again with:
* Better duties
* Better lawyer
* Better packet

A denial is a setback, not the end.

===== Not really — IF they respond properly. =====

This type of RFE is:
* Very normal
* Very common
* Very often approved

The danger only comes if:
* The job description really is non-technical, or
* The lawyer responds weakly

===== 1. Stop thinking about the border option =====
It’s too risky. USCIS already has the file.
# Fix the job duties properly
They should:
* Be technical
* Mention tools, systems, and methods
* Show engineering analysis, not just scheduling

Something like:

: 

—not:

: 
# Get the manager reference letter right
Must clearly say:

: 
# Respond fast, but with quality
Do not rush a low-effort reply.
But do not wait 70 days either.

===== - Do not try to enter while an RFE is open =====
* Fix the duties & documentation
* Let the lawyer respond properly
* This RFE is survivable
* A denial is not the end
* A clean approval now keeps everything simple

If you are in a similar situation with your TN petition:
You have a BIG advantage:

You already know what USCIS wants, and you’re building that into your support letter ''before filing''.

=== User: What if the uscis denies the visa and then can this person enter again through POE? ===
What if the uscis denies the visa and then can this person enter again through POE?

=== Assistant: Short answer: Yes, they can still go to a Port of Entry afterward — it's not automatically blocked. ===
Short answer: Yes, they ''can'' still go to a Port of Entry afterward — it's not automatically blocked.
But it depends on timing, evidence, and how the denial happened.

Let’s break it down realistically:

=== 💡 Key Rule: ===

A USCIS denial does NOT permanently block you from getting a TN at the border.

TN classification is decided two ways:
# USCIS (if filing I-129 from inside the U.S.)
# CBP at the border (POE / pre-clearance)

They are separate pathways — they don’t cancel each other out.

=== If USCIS Denies the TN Petition ===

Here’s what happens:

===== ❌ The I-129 is denied =====
* You cannot start the new job under USCIS approval
* But your current TN status stays valid (if you have one and haven’t quit)

USCIS denial does NOT = deportation, ban, or blacklist.

=== Can they still try at a border afterward? ===

===== Yes — but with strategy. =====

Think of it like:

: “USCIS said no — but I have new evidence, here it is, let’s try again.”

CBP is allowed to approve a TN even after USCIS rejected one.

It happens all the time.

=== But here's the catch: ===

They must fix the problem that caused the denial.

If the denial was because:
* duties didn’t match the profession
* insufficient proof
* vague job duties

Then going to the border with the same weak package = very likely refusal again.

=== Best-case path after a denial: ===

✔ Stronger job letter
✔ Fix job title if needed
✔ More technical duties
✔ Manager letter
✔ Org chart
✔ Degree + transcripts
✔ Employer support letter
✔ TN category clearly stated

And then:

➡ Go to Victoria / Toronto / Vancouver / Montreal / land border
➡ Present the new packet
➡ Argue the case properly

=== What’s the risk at POE after denial? ===

⭐ They might approve it — happens often
⭐ They might ask questions — be prepared
⚠ They could say:

: “USCIS just denied this. Prove why we should approve it.”

Worst case:
❌ They refuse the TN
❌ You're told to re-apply later

They do ''not'' ban you or cancel your existing TN.

=== Important Scenario ===

If they still have a valid TN with another employer, they can:
# Enter on the current TN
# Work for the old employer
# Re-file properly later

So the new job is delayed — not lost forever.

=== The Real Danger Is: ===

If the person:
* already quit their old job
* already moved
* has no fallback TN

Then denial = serious trouble.

=== Summary in simple terms: ===

USCIS denial ≠ permanent block
You can still go to a border.

But:
* You need a stronger application
* You need to fix what USCIS objected to
* CBP must be convinced the job fits the TN category

A LOT of TN approvals happen after USCIS denials.

It just has to be handled smartly.

If you want, NEXT I can:
* Tell you exactly how to rebuild a TN packet after denial
* Help you rewrite the job duties to satisfy CSA category
* Show how to prepare a border strategy that works even after an RFE/denial

== References ==
<references />


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