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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7304
Experience:  Experienced in all aspects of immigration and nationality law.
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Hi, Im a full-time Canadian Graduate student studying Design

Resolved Question:

Hi,

I'm a full-time Canadian Graduate student studying Design and Management in the USA on an F-1 visa. This is my first semester of study. I recently had a US company approach me offering to sponsor my TN visa to work as a Sr. Graphic Designer/Art Director (a profession recognized under NAFTA). Considering "TN" is a status and not a visa, can I hold an F-1 and TN status at the same time? If not, can I continue studying full-time just with a TN status? If I go to the boarder and they reject my TN application, am I still able to hold onto my F-1 status?

I really appreciate your help.
Best,
Robyn
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Expert James replied 10 months ago.
Hi Robyn,

Thank you for using this service. My screen name isXXXXX and I'll be helping you with your questions today. All I ask in return is that you give me a positive rating for my customer service once I have finished assisting you to your satisfaction. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

QUESTION: Considering "TN" is a status and not a visa, can I hold an F-1 and TN status at the same time?
ANSWER: No. You cannot hold TN-status and F-1 status at the same time. The status with which you enter the US is the status you are to remain on, unless you apply for a change of status to another non-immigrant status or adjust your status to immigrant status.

QUESTION: If not, can I continue studying full-time just with a TN status?
ANSWER: If you are asking whether you can work according to your TN-status and go to school full time, yes, so long as the studies are incidental to your status in the US. But you cannot be a full-time student and not working, if you are in the US on TN-status. You would need to be in F-1 status to do that.

QUESTION: If I go to the boarder and they reject my TN application, am I still able to hold onto my F-1 status?
ANSWER: You lose your status when you leave the US. So you would have to use your F-1 visa stamp to re-enter the US as a student on F-1 status. Your F-1 visa should not be cancelled based on your request for TN-status at the border.

I hope I have answered your questions. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job. I'm confident you'll find me to be professional and truthful with you.

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Thank you!
Customer: replied 10 months ago.

This is very informative. Thank you. Just one clarification. Will my studies be automatically viewed as incidental beacause I have received full time employment? Or will my full-time studies still be viewed as the primary reason I'm in the US regardless of my change in status? Will this effect my chances to change my visa status?


 


Thanks again. Robyn

Expert:  Expert James replied 10 months ago.
Hi Robyn,

Sorry for the slight delay. As you might imagine, it's been a very busy morning just after the weekend.

Sort of. The point I was trying to make is that if your purpose of being in the US is to work with the TN employer, than you have to be on TN and fulfill those responsibilities fully. But you can go to school no problem. But if the point of being in the US is to go to school, then you have to have the status that is commensurate with going to school, F-1 status.

So basically, if you are working full time with the TN employer, you can go to school, and practically speaking, going to school in the US will be incidental to your being in the US and employed on TN status. It will not affect your eligibility to change your status to TN status.

Let me make this as simple as I can. If you have TN status and you are fulfilling those obligations under the status, you can go to school and it is not a problem. But you cannot have a TN status, not be employed, and go to school. For that, you need to have an F-1 status.

I hope I have answered your questions. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job. I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Longhorn Lawyer and make sure you write "FOR LONGHORN" in the subject or at the beginning of your question. That is the only way to guarantee that I will assist you.

Thank you!
Customer: replied 10 months ago.

Great, this is very clear! Lastly, do you have a guideline as to what should be included in the letter of employment to show at the border? Are there any other documents I should bring apart from my passport and existing visa information?


Thanks again,


Robyn

Expert:  Expert James replied 10 months ago.
Robyn,

I am prohibited from preparing or providing a sample employment letter, but I can give you some guidelines.

The letter should be signed by the employer indicating the position, salary, employment location, and requested length of employment.

Also you should provide a qualification document. For this position, you should provide proof of Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.

This is in addition to your Canadian passport, of course.

I hope I have answered your questions. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job. I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Longhorn Lawyer and make sure you write "FOR LONGHORN" in the subject or at the beginning of your question. That is the only way to guarantee that I will assist you.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7304
Experience: Experienced in all aspects of immigration and nationality law.
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