QUESTION
My OPT expires june 20th. Do I have to get tn at boarder exactly 1 month before opt expires(may 20th) or can I do tn when OPT expires (june)
Asked on Jan 15th, 2018 on Immigration - Connecticut
More details to this question:
I graduated with my Doctorate of Pharmacy from an American college. I got OPT. I accrued 75 days of unemployment before finally landing a job( so I only have 2 weeks of unemployment left on my OPT before hitting that 90day mark for OPT). Currently I work on my OPT as a pharmacy graduate intern. I become a licensed pharmacist in April. I was told that I must go to the board on month before my OPT expires to get my TN visa. My OPT expires June 20th . I have 2 questions/concerns. 1- Am I allowed to continue working on my OPT until it expires then go to the boarder to get my TN( I want to work for my current employer on my OPT as a pharmacist before asking for TN support i.e work till june 20th before asking for tn support and going to the boarder) and 2- what happens if accrue more then 90days of unemployment? Do they have a way of checking that when I go to the boarder to get my tn visa?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There is nothing in the law that says that you must go to the border with one month left on your OPT in order to apply for a TN visa. It may be that some people believe that they might be able to reenter the US under OPT if the TN visa is refused if they have one more month left under OPT. Your second question of what happens if you accrue more than 90 days of unemployment during your time under OPT, it would probably be very difficult for an immigration inspector to have knowledge of that fact although he or she may ask you questions about the subject if he or she is so inclined. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 25th, 2018 at 5:13 PM