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

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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

1. The RFE support was submitted without review
2. USCIS wants proof the job fits the Engineer classification
3. 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.

1. Fix the job duties properly

They should:

• Be technical
• Mention tools, systems, and methods
• Show engineering analysis, not just scheduling

Something like:

—not:

1. Get the manager reference letter right

Must clearly say:

1. 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:

1. USCIS (if filing I-129 from inside the U.S.)
2. 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:

1. Enter on the current TN
2. Work for the old employer
3. 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