F1 to TN-1 status

[alvanny]

Hello All,

I did read this article but my situation is a little different: still on an F1 student visa, I'm finished my course studies but haven't graduated yet (my project is almost finished). Currently a matriculating graduate student.

Last summer I went on my CPT (curricular practical training) and this summer employer has now offered me a job full-time. They are willing to petition me for a TN-1 work status, because I qualify with my undergraduate degree.

So I haven't graduated yet, which means I can't use OPT (optional practical training).

Question: can I switch from F1 student to TN-1 work status? According to my employer and their law firm, I can, and still continue my degree as a part-time student, but it will be nice to hear your thoughts. It's very difficult to walk away from a job offer in these times, and I haven't had the best of luck with anything lately. It *is* a full-time permanent job, and I understand that the TN visa is only "temporary", even though the governments have extended it to 3 years instead of 1 for renewal?

[Steven]

Yes you can change status, you either leave and re-enter or they apply for you on I-129. (My personal opinion is you're better off leaving and re-entering as you're physically there to clarify any questions they have.)

TN-1 is however temporary (which is what the "T" stands for). A lot of people do stay on them for lengthy periods of time but you must maintain "non-immigrant intent", which means you must maintain residential ties to Canada, basically. Among other things this can cause you tax problems, because if you maintain residential ties to Canada under Article IV of the tax treaty you're supposed to file a tax return as a resident (although a lot of people don't).

If you don't sooner or later when you cross the border some CBP agent will pull you up on it. There have been several people who've been in the US for 12 years or so who've posted on here and they were denied re-entry or renewal because CBP decided they didn't have "non-immigrant intent" anymore. Just because it's granted for three years doesn't mean they can't deny you re-entry, someone on here mentioned they had a valid TN-1 and got denied because CBP wanted to know why they had US plates on their car.

Seems to depend on the border post.

The other obvious problem is the economy, if you get laid off or your employer goes bust you have to immediately leave the country.