TN-1 worker becoming a grad student?

Hello,

I am currently working as a Meteorologist on a TN-1, and I am contemplating applying for a local grad school for atmospheric science and meteorology.

My wife and I originally came to the US on a J1/J2, so I'm familiar with most of the rules regarding those, however I'm curious about how the process would differ since I'm already in the US on another type of non-immigrant visa.

I suppose the first question is about obtaining the J1. We've done it before, but does the process change with me already being in the US on another visa. I assume I would have to leave the country and re-enter, to obtain the new visa, just like when I get a new TN-1 when the old one expires, but I'm curious if there are any other complications I'm unaware of.

The second question... would it be possible to have both types of visa? That is, keep my TN-1 for my job, and obtain a J1 to attend gradschool? That is assuming, of course, that my job was cool with me doing both. The graduate work would have a direct impact on my job, so it's possible they would be fine with it. I vaguely remember a rule that a J1 student cannot earn money from any source other than the school they are attending, though.

So, would I have to quit my job, surrender my TN-1, and only be in the US as a J1 student at gradschool... then try re-applying for the TN-1 once I graduate. My wife and I were exempt from the 2-year return-home rule when we were on the J1/J2 before, but I'm not sure that I'd escape that this time.

The only difference between getting J1 earlier, and getting J1 now that you already have another status, is that you *could* file for J1/J2 by mail, but would be best just going to the border, as you did before.

Now, one cannot have 2 different statuses, so you could not keep your TN job and switch to J1. You could however stay in TN, and simply also go to school. TN allows for schooling, as long as you continue to fulfil your TN duties. Note that some states treat TNers are resident for tuition purposes (you'd need to check with school).

Since J2's can work and TD's cannot, I guess it becomes a question of whether -- while you go to school -- you want to keep working, or you want your spouse to work. If your wife already works on her own status (TN or H1), then there is little point for you to switch to J status, you could simply quit your job, and attend school as her dependant (TD or H4), or keep your job, and stay TN and go to school.

Really, the only thing you cannot do, is switch to J1 and keep working.

The J1 waiver issue is another point to consider.

You could however stay in TN, and simply also go to school. TN allows for schooling, as long as you continue to fulfil your TN duties. Note that some states treat TNers are resident for tuition purposes (you'd need to check with school).

Really? Wow, I didn't know that. I knew that the TD dependent could attend school, but I thought the TN had to only do the job the visa was for. That's very nice. I'll definitely look into that possibility. I suppose that if I was given a stipend for the graduate work, I'd have to apply for another TN for that "job".

I'm already a resident for tax purposes (I passed the IRS's Substantial Presence Test starting in January 2007), so hopefully that would also count me as being a resident as far as tuition goes too.

Definite food for thought. Thank you for your reply.

I'm already a resident for tax purposes (I passed the IRS's Substantial Presence Test starting in January 2007), so hopefully that would also count me as being a resident as far as tuition goes too

The two are not typically related. It's simply a matter of state/institution policy.

I'll definitely look into the policies then. Thanks.

If it helps, I completed a graudate degree while on TN. No additional paperwork needed if you are already here legally.

If it helps, I completed a graudate degree while on TN. No additional paperwork needed if you are already here legally.

me too!