TN visa for F-1

[lidya]

Hello all,

I am a F-1 student attending graduate school in the US.I have received a winter internship offer(from Jan to April 2010)and I am wondering if I be able to work under TN visa?My school adviser told me I won't be allowed to work full time under CPT/OPT during non vacation semester,so I am wondering if TN will be an option?

Thank You!

[Dremani]

Hi lidya,

First, the profession you choose to work in must be under a NAFTA category. If not, your employer will need to seek another visa option on your behalf.

A bit confused about your OPT. Have you cut into your OPT through your CPT while taking classes? Just to let you know, once you've been approved for OPT, you work full or part time at whatever point during the year. There are no work restrictions as to what terms you can work. As long as your OPT hasn't expired as yet, you can work whatever times during that point.

Providing that your profession is under NAFTA, you can either do a change of status to a TN or go back to Canada and apply at your nearest POE>

[lidya]

Hello,

Thanks for the reply!
About the opt,I find these information online:

Pre-completion OPT
(A) on a part-time basis only , during the academic year while engaged in coursework
(B) on a part-time or full-time basis, during the annual vacation period

I guess its different from the Post-completion OPT?Because I am not done with my program by next semester, so the only OPT that I can apply is pre-completion,seems that I can only do part-time?

If I go to the POE to apply for TN,just in case it's denied,will I still be able to go into the country under F-1?

[Dremani]

CPT is pre-OPT. If you choose to do CPT during your study period, you will be subtracting time from your OPT. If you choose to go to the POE for a TN providing you have the necessary credentials along with proper profession and your TN is denied, you cannot re-enter under an F1 or as a visitor.

[agnelson]

if they are still in school, and have done nothing to violate F1, their re-entry on F1 will NOT be denied, merely for requesting TN.

And I believe OPT can be longer that 1 year now, so subtracting time from OPT shouldn't be a worry.

[lidya]

I guess applying for TN is my only option.My adviser told me since this is my first quarter with the school,I am not eligible to apply for CPT.
Should I try applying for TN at the POE?I am really scared that I might not be able to enter US again to finish my program.I mean I should have all the credentials,but applying for TN sounds like a really scary process...

[agnelson]

If you fail at TN, you will simply continue at school in F1.

Just think of it as an interview. The worse that can happen is you don't get the job.

[Dremani]

I was always informed that when you apply for a TN while in F-1 status, you forfeit your F-1 in the event your TN is denied.

I guess I'll have to look that one up.