I have a couple of companies willing to offer me employment and write the required offer of employment letter. I have a 4 year bachelor degree in computer science from a US college. However, I ended up accruing overstay while waiting for change of status from F1(OPT) to H1 (small company lawyer sent the application after my status had expired). So although my H1 petition was approved, I wasn't given AOS and later was handed a reentry bar.

So, subsequently I applied for a waiver and have been going back to US as a visitor for the last couple of years. Every time I cross I show them the waiver and recently they haven't been grilling as much (still secondary inspection) but in August I'd to go to NYC for a meeting and they really grilled me at the airport for not having a letter from my Employer for the meeting etc. Understandably, they're wary of previous status violators. It's irrelevant whether it was on purpose or due to ignorance.

My questions is when I apply for TN status at the border, with waiver in hand, could I be denied entry because of my previous overstay with everything else being in order? Also, with a CS degree could I quality under Software Engineer (a border agent might not see things the way we do). Would I be grilled on specifics of the job if I enter as System Analyst (I've heard this one leads to lots of questions).

asked 09 Feb '14, 19:27

johnny_gurkha's gravatar image

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Asked: 09 Feb '14, 19:27

Seen: 2,874 times

Last updated: 09 Feb '14, 19:27