TN or F1 OPT for Canadian Student in USA University

[oldinukshuk 0]

Hello community,

 

I am a Canadian citizen, currently completing my Ph.D. in Engineering in a university in the US on an F1 visa. I am actively applying for jobs in the US related to the field of study. No formal job offer yet. I can apply for an F1 OPT now but I have not done so yet. I have about 4 more months to reach the last day to apply for my post-completion OPT.

 

My main question is: (1) should I apply for the F1 OPT anyway or should I get a TN when I get a job?

 

I am fairly positive that if I manage to land a job, it is going to be on the approved TN occupation list. I have had interviews (big companies) and the employers seem to be very familiar with the TN process. I have had a quick chat with an immigration lawyer (hallway conversation) which she said TN would be an easy route. I am within a driving distance to the US-Canada border. So, I am under the impression that TN should be my first choice. (I just prefer less hassle.)

 

Here are some of my concerns: (Sorry I am a newbie here so I over-worry about everything.)

(2) If I apply for OPT anyway and wait, then I get a job , can I go get a TN while my OPT application is pending? Is this going to be a surprise at the border?

(3) If I don't get a job offer at all, and my F1/OPT/or whatever grace period have all expired, can I still stay on as a "Canadian visitor" or do I need to leave the US first and get back in again as a visitor? I know Canadian visitors are granted a stay in the US for up to 6 months. I just don't know if I can tack on that visitor time to the 'student-on-a-visa' time.

 

Any insight would be appreciated. Thanks!

 

[igoyougoduke 1,676]

1) F1 is a better choice for you as you can convert to H1b/L1 visa and than EB based green card if you decide to get green card .TN can be always a backup option but you cant convert from TN to green card directly. you need to go to H1b/L1 visa and than your employer file for green card. TN is not dual intent. you are not going to be on both F1-OPT and TN at the same time. if you activate TN at the border than you are going to be on TN status. your OPT will no longer be valid 

 

2) You cannot be a visitor when your F1 visa expires. you will need to leave US and come back as a visitor.

 

 

 

 

[Coco8 1,042]

OPT is better and for you, it will last 3 years.

 

You cannot apply for TN because they you loose your F1 status and you cannot be on OPT anymore. Also,  if you have an offer and your OPT didn't arrive, you can expedited by calling and faxing them the job offer.

 

Quote

If I don't get a job offer at all, and my F1/OPT/or whatever grace period have all expired...

Don't let this happen. Find volunteer work that qualifies while you keep interviewing for jobs. Or get a postdoc/RA position with a Lab at your university. 

 

If your 90 days are up, you need to leave. 

 

 

Edited January 28, 2022 by Coco8