TN-1 to J2

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GeeNew Member
Topic author
Posts: 6
Joined: 6 Nov 2008
Location: Missouri

TN-1 to J2

Post Sun Aug 30, 2009 10:13 pm

Need some guidance on a somewhat unique situation. My spouse is completing her medical residency (post grad school) on a J1 visa and has a 2 year residency requirement. I'm on a TN-1 visa right now that is about to expire soon. I would like to switch to a J2 visa and subsequently get an EAD to provide me some flexibility with my employment situation.

Here are my questions:
1. If I go to J2 and subsequently get an EAD, will I also be constrained by the 2 year residency requirement?

2. If my spouse gets a J2 waiver at the completion of her training and starts working here in the US... what is my status?

3. Can I switch from a J2 to TN-1 or H1-B at any point? What are the restrictions?

4. Generally speaking, I understand that J2 has some constraints. Should my spouse and I continue on our independent visas (i.e. spouse on a J1 and me on my TN-1)?

Thanks!
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agnelsonCanuckAbroad VIP
Posts: 3264
Topics: 1
Joined: 26 Aug 2009

Re: TN-1 to J2

Post Mon Aug 31, 2009 8:47 am

It six of one, methinks. Getting an EAD would make it easier for the next couple of years, but has soon as her J1 status ended (either expired or otherwise), so would your J2 and EAD, so you would imediately need to switch to TN, or switch a few weeks before in anticiaption. Whatever status she would get afterwards (H1 for exapmle) , any dependent status confered on you would not allow you to work.

A 3-year TN would bypass all of this, as would H1 of course.

So, if you plan to stay at your current position, simply get TN, if not, get J2 EAD.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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GeeNew Member
Topic author
Posts: 6
Joined: 6 Nov 2008
Location: Missouri

Re: TN-1 to J2

Post Sun Sep 06, 2009 3:50 pm

Thank you for your response, agnelson. Could you please explain the following comment further... "Whatever status she would get afterwards (H1 for example), any dependent status confered on you would not allow you to work"? Do you mean that when my spouse obtains J1 Waiver employment after post-grad school, I would not receive the equivalent of "J2 waiver"? And, I would not be eligible for work? Please explain.

A follow up question. Let's assume I get a J2 waiver and obtian a EAD . Can I switch from this to a TN-1 or H1-B six months from now? Are there any restrictions in changing my status from a J2 to any other visa type?

Thanks!
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agnelsonCanuckAbroad VIP
Posts: 3264
Topics: 1
Joined: 26 Aug 2009

Re: TN-1 to J2

Post Mon Sep 07, 2009 8:25 am

I'm say that once her j1 is over and she gets another working status (likely H1), this will not allow you to work. You will then need your own work status.

A J1 waiver does not result in keeping J1, it allows one to get another status without having to leave thecountry. That other status would not result in an EAD for you.

J1 is an unusual status in that it allows spouses to get work. Most others, including the one your spouse would eventually migrate to, will not.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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