J2 to TD change within US


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kiki   
Member since: May 06
Posts: 39
Location:

Post ID: #PID Posted on: 30-05-08 16:53:48

Hello

I am a canadian citizen on a J1 visa in USA. Now I want change my status to TN. My wife is not a canadian citizen but she is permanent resident of Canada. She is now in USA on J2 visa. Just wondering how to change her visa to TD. Can she change it with in USA or she has to go back to Canada and change her status. Also she is 8 months pregnant and can not travel.

Could anybody help me by giving some information on what should I do?

Thank you
Cheers
Kiki



Ottawa_Nerd   
Member since: Jan 04
Posts: 1754
Location: Ottawa (Now in Bangalore)

Post ID: #PID Posted on: 08-06-08 08:39:41

Kiki,
Unfortunately, you cannot do that. First of all, how do you plan to change your status to TN ? I think you will have to get your TN Visa at the border, which in this case will have to be at a border crossing point and not at the airport. As for your wife, as she is not a Canadian citizen, she will have to apply at a US consulate/embassy in Canada to switch her visa to TD.


-----------------------------------------------------------------
"Aur Vaise Bhi, Sharafat ki jab kapde utarti hai, sabse zyaada mazaa shareefon ko hi aati hai"....(From The Dirty Picture)

Warning !! SCAM ALERT !!
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Please visit
http://www.cmje.org/religious-texts/quran/verses/009-qmt.php for some interesting Information ! (Especially 009.005 )


kiki   
Member since: May 06
Posts: 39
Location:

Post ID: #PID Posted on: 09-06-08 19:23:10

Thank you Ottawa Nerd

I was planning to come t Canada and while going back to US I was thinking of changing my status to TN at the airport. With regard to my wife I just found our that you can change non immigrant visa to other non immigrant visa by while living in US by filling 1-539

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD

Thank you for help



Ottawa_Nerd   
Member since: Jan 04
Posts: 1754
Location: Ottawa (Now in Bangalore)

Post ID: #PID Posted on: 09-06-08 22:44:12

Allright, if you change your status to TN at the airport then your wife will not be able to enter the US as she wont have a VISA. You *should not* leave your wife behind in the US and change ur visa and reenter the US. You may land in trouble.
I had to do the opposite of what you are about to do.

I was on a TN visa. My wife got a TD visa from the Chennai US consulate in 2005.
Then in Oct 2005, I traveled to Canada;
1.) Entered Canada at AXB (Alexandria bay crossing in NY)
2.) Turned back and entered the US
3.) Got my J1 at the border
4.) Re-entered Canada
5.) Wife visited the US embassy in Ottawa and got her J2

Later on, I found that if I had entered the US embassy (canadian citizens technically do not need an appt to enter the US embassy), then I would have got the Visa then and there, my wife also would have got her Visa without an appt.

A benefit of having a J1 visa for Canadian citizens:
You can apply for a Green Card while on that Visa. Now, as J1 is an academic exchange visa, you can *potentially* apply under a non-crowded category called EB-1B (Professors and Scholars). However, you should be aware that you need to have publications in journals/conferences to validate your claim of being an outstanding researcher.


-----------------------------------------------------------------
"Aur Vaise Bhi, Sharafat ki jab kapde utarti hai, sabse zyaada mazaa shareefon ko hi aati hai"....(From The Dirty Picture)

Warning !! SCAM ALERT !!
http://www.canadiandesi.ca/read.php?TID=4169 & http://www.canadiandesi.ca/read.php?TID=1379
This is a Useful Health related Tip
http://www.canadiandesi.ca/read.php?TID=3865
Please visit
http://www.cmje.org/religious-texts/quran/verses/009-qmt.php for some interesting Information ! (Especially 009.005 )


cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 09-06-08 22:58:59

Quote:
Originally posted by Ottawa_Nerd

Allright, if you change your status to TN at the airport then your wife will not be able to enter the US as she wont have a VISA.



-- That's why she should not leave the US. There is no need.
Quote:


You *should not* leave your wife behind in the US and change ur visa and reenter the US. You may land in trouble.



-- What trouble?

Quote:


Later on, I found that if I had entered the US embassy (canadian citizens technically do not need an appt to enter the US embassy), then I would have got the Visa



-- Wrong. Cdns do not need J1 stamp. If you would go there to get that, they would simply decline you the visa. Cdns need only E and K (consular) visas.

Quote:

A benefit of having a J1 visa for Canadian citizens:
You can apply for a Green Card while on that Visa.



-- TN1 person can also apply for the green card.



kiki   
Member since: May 06
Posts: 39
Location:

Post ID: #PID Posted on: 10-06-08 14:02:48

Thank you cdn_dude and Ottawa nerd

to Ottawa nerd:

I think cdn_dude is right. Canadians can not get their J1 at US consulate. When I was tryin to get J1 last year, consulate officials told me that I can not get my J1 at consulate instead I need to get J1 stamping at border crossing. Also, Just wondering, If I leave my wife back in USA and then change my status to TN, what will be the trouble? can you (ottawa nerd) elaborate on this please?

Thank you guys
Much appreciated
Kiki



Ottawa_Nerd   
Member since: Jan 04
Posts: 1754
Location: Ottawa (Now in Bangalore)

Post ID: #PID Posted on: 10-06-08 19:34:14

Cdn_dude,
While your input is greatly appreciated, I never indicated anywhere that TN visa holders cannot apply for a green card. They can, and the route is very complicated. It can be googled.

As for the problem; I can vouchsafe that I got this information from US Immigration folks. In fact, that guy was sort of very rude when I asked him the same question "kiki" asked me.

"Also, Just wondering, If I leave my wife back in USA and then change my status to TN, what will be the trouble? can you (ottawa nerd) elaborate on this please?"

He specifically mentioned that after I left the US and changed my visa status, my wife would become "Out of status" (i.e., she would be a TD while I would be a J1). A TD visa holder is a dependent of a TN Visa holder.
There wont be any immediate problem (while u are in the US)..But, if there any problems associated with the visa status (e.g., applying for health insurance that is compulsory for J1 visa holders), you may have to answer questions. With the current paranoia of US authorities, it is better to be safe than sorry.
However, you are free to ask this question with immigration professionals and you are in no way obligated to believe me.


-----------------------------------------------------------------
"Aur Vaise Bhi, Sharafat ki jab kapde utarti hai, sabse zyaada mazaa shareefon ko hi aati hai"....(From The Dirty Picture)

Warning !! SCAM ALERT !!
http://www.canadiandesi.ca/read.php?TID=4169 & http://www.canadiandesi.ca/read.php?TID=1379
This is a Useful Health related Tip
http://www.canadiandesi.ca/read.php?TID=3865
Please visit
http://www.cmje.org/religious-texts/quran/verses/009-qmt.php for some interesting Information ! (Especially 009.005 )




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