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Hello, My name is XXXXX XXXXX I am from Mexico. I came to

 
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  • Answered by:Longhorn Lawyer
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Hello,
My name is XXXXX XXXXX X am from Mexico. I came to NYC on january 2010 to study my master degree at Pratt Institute. I graduated last summer 2011 and applied for my OPT (I never went back to Mexico so my student visa expired). I have been working two part time jobs since graduating and now my OPT is going to expire this end of June. One of my employers wants to hire me and I have been trying to get information about the TN visa. My employer is going to give me a letter and I have my transcripts, passport and photos to apply. However, I am still in NYC and I do not know where to call to make an appointment. Also, I want to travel to Canada in August and I do not want to make any mistake by leaving the country. what should I do?

 

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State/Country relating to question: New York

Submitted: 291 days and 3 hours ago.
Category: Immigration Law
Value: $49
Status: CLOSED
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Expert:  Longhorn Lawyer replied 291 days and 3 hours ago.

Hello! And thank you for your question! While we are working together, I also may be working with other customers, so you may experience delays. Please be patient as we work through this process - your questions WILL be answered in the order they are received.

Also, Experts and Professionals do not get credit for helping you unless you rate them. During this process, I might provide an answer, but you may require clarifications or have follow-up questions. If you do, please do not rate my response. Instead, please click "REPLY" or "CONTINUE CONVERSATION" to ask your follow up questions.

Please remember that the ratings are based on my EFFORTS to help you, not on the outcome of your question. I cannot control the outcomes, as I do not make the law. So please do not rate the outcome of your question.

Please answer ALL of the following:

1. Do you understand the Just Answer ratings system?

2. Do you understand what Just Answer ratings are based on?

3. Call to make an appointment for what? The TN visa?

4. How do you intend to return to the Us from Canada? With the TN visa? Or some other way?

Customer replied 291 days and 3 hours ago.

Please answer ALL of the following:

1. Do you understand the Just Answer ratings system?

yes

2. Do you understand what Just Answer ratings are based on?

yes

3. Call to make an appointment for what? The TN visa?

yes to make an appointment for the TN visa, here in NYC. Since I am still working with my OPT.

4. How do you intend to return to the Us from Canada? With the TN visa? Or some other way?

I was hoping to apply and get the TN visa before going to Canada, but also if my employer needs more time or backs up, I can enter with my tourist visa because I want to be in the US in september because I have a friend´s wedding in Iowa.

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Expert:  Longhorn Lawyer replied 291 days and 2 hours ago.

First, you cannot get a TN visa stamp from within the US. Visa stamps are issued ONLY at US consulates or at the port of entry between Canada and the US (for Canadian citizens only). However you can file for a change of status from F1 to TN status from within the US, so long as the F1 status has not yet expired. This will help you do the change of status from within the US, without having to leave the US to get the TN status.

However if you leave the US, you will be required to have a TN visa to return to your TN status. And unfortunately, a national of Mexico cannot get a TN visa at the border like Canadians. Instead, they have to apply for the visa stamp at the US Consulate in Mexico. So if you change your status to TN while in the US, and then you leave the US and intend to return to TN status, you need to go back to Mexico to get the actual visa stamp in your passport.

Now if you do not want to get a TN visa by going back to Mexico, you are still eligible to enter the US with your B1/B2 visa stamp for the wedding, but you are not allowed to work at all.

I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."

Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future Immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Customer replied 291 days and 2 hours ago.

if my opt expires by the end of June in one week how can I file for a change of status from F1 to TN status from within the US or where?


and this is only to change my status so I will definitely need to go back to mexico, if I want to travel to canada and reenter the US, right?


Lets say that I change my status this week and now I have the TN statues here in the US and then I travel by the end of july to canada, I can not get in the US with the TN status again, right?

Accepted Answer

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Expert:  Longhorn Lawyer replied 291 days and 2 hours ago.

QUESTION: if my opt expires by the end of June in one week how can I file for a change of status from F1 to TN status from within the US or where?
ANSWER: Your employer needs to file form I-129, Petition for Nonimmigrant Worker, with supporting documents and fees, to change status to TN visa.

Here is the I-129 and instructions, which you should look over carefully: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCRD

QUESTION: and this is only to change my status so I will definitely need to go back to Mexico, if I want to travel to Canada and reenter the US, right? ANSWER: If you want to re-enter the US with a TN visa on TN status, yes, you must get a TN visa from the consulate in Mexico.

QUESTION: Lets say that I change my status this week and now I have the TN statues here in the US and then I travel by the end of July to Canada, I can not get in the US with the TN status again, right? ANSWER: Correct, not from Canada. Timing is your issue at this point. Note that is your current status ends while the TN status is in process, you can stay int he US and wait for it to finish processing. But you are not allowed to work.

If you want to get the TN visa and status sooner, then going to Mexico, processing through the consulate to get the stamp, and then entering the US as a TN worker, you would be able to do everything you want to do in the future.

Here is information on how to get a TN visa from abroad: http://travel.state.gov/visa/temp/types/types_1274.html

I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."

Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.3 %
Accepts: 5281
Answered: 6/26/2012

Experience: Experienced in all aspects of immigration and nationality law.

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