From F-1 OPT to TN visa

Hello

First of all I would like to say this is a very informative forum with many knowledgeable people and I have learned so much about TN visa and its related information through readings here.

I am thinking about applying for my first TN visa at the end of this month and I have a few questions.

I have been attending school in California on F-1 student visa for almost 4 years (graduation Aug 2009). I have been working for 7 months full time as a process engineer under OPT (optional practical training). My OPT will expire in mid-June of this year. I am thinking about applying for TN Visa in order to continue with my current job before OPT time runs out.

My questions are:

1. Will my previous 4 years of stay in the U.S. as a F-1 student and currently working under OPT be any concern when I apply for TN?

2. If I get rejected for a TN, can I still re-enter the U.S. under F-1 status?

I am planning to apply under the category "Engineer". I have a Bachelor's degree in chemical engineering from a Canadian university.

Thanks!

1) Not really, unless you get a CBP guy who is in a bad mood.

2) Doubtful, if they've just refused entry they probably won't let you in.

I'm not sure why you are going for TN-1 - it sounds like you fall into the STEM provisions so you can extend your OPT for another 17 months. Read this.

1. Will my previous 4 years of stay in the U.S. as a F-1 student and currently working under OPT be any concern when I apply for TN?

No.

2. If I get rejected for a TN, can I still re-enter the U.S. under F-1 status?

If you have time left on your OPT you are still able to work legally even if your TN is denied. Besides, OPT is not as strict as TN in terms of job categories, so they're not really related.

Thanks for the replies! Really appreciated.

Steven,

The reason why I am not going for the 17month OPT extension is because I won't have my degree until Aug and my current OPT ends in June. So I will have a couple of months gap during which I cannot work.

Really it's best to stay on OPT if you can manage it because it's so much more flexible than TN-1. If you get laid off on TN-1 you have to leave, if you get laid off on OPT you can look for another job.

I have another question...

It looks like I have the option to file for a change of status from F-1 status to TN status rather than having to have to go the boarder to apply for a TN.

It will save me the expense of flying back to Vancouver and I will have no interruption to my work if I can just file for a change of status while staying in the U.S. during the entire application process.

Is there any disadvantages of file for a change of status comparing to going to the boarder to apply for a TN?

Thanks!

The one disadvantage is that once you file the AOS you cannot leave the US or it is presumed that you have abandoned your application. Basically you are stuck in the US until your approval comes in. This may not be a pleasant situation for some.

The problem with changing status to TN-1 is that it's a bit of a weird category based on job offer letter, your degree and other bits of paper. It can be a better idea to go to a POE simply because you are there in person to explain it to the inspecting officer.

Any Class A POE (any US international airport, any Canadian airport with pre-clearance, any major land border crossing, any major seaport) can do TN-1 so you don't necessarily have to fly back to where you're from.

Also saves your employer from filling out I-129 and paying the $320 fee.

axolotl, Steven, thanks for the replies

I will be flying back to get the TN, I can also use a short vacation while I am back home.

Here is my another concern... I have been on F-1 status since 2005 and I've been driving with British Columbia driver's license and BC plate/insured vehicle during this 4 years. Will this be a concern when I apply for a TN? I think I am suppose to get a California license plate as soon as I move to California?

By the way, the BC insurance I have covers driving in the U.S.

You're supposed to formally import the vehicle if you're going to be there more than a year. Students are sometimes exempt from changing their DL and their registration although I think California is not one of those States.

This explains how to import it: http://www.cbp.gov/xp/cgov/trade/basic_ ... ng_car.xml

I suspect the simplest way for you would be to drive down to San Ysidro, do a U-turn and import it there. Cars imported as personal effects are not subject to duty. You'll need something to prove that you own it, such as the original bill of sale. You'll also need that to get a California title before they'll let you register it.

There was someone on here awhile back who got fined driving with BC plates on their car in California.

You'll also need to take the California driver's test.