TD Status - scholarschip?

O

Ozzies

Member
Can my spouse be able to get a scholarship on TD status? This is more of a "will it violate her TD status" question instead of whether she can get a scholarship question...

she's studying part time on TD status, doing her PHD, she cannot get paid for her research, but was wondering if she can attain a scholarship instead? Her prof is willing to give her one if it doesn't violate her TD status..

as for switching to F1.. she can only handle part time, and F1 requires full time courses.

so to clarify my question... is she allowed to receive a scholarship on TD status?

Thanks
 
I agree. In fact, her part-time study makes it even less of a concern, since it is "incidental" to her TD. Be careful however that she is not "working". If the researcher beside her is getting paid, and she is merely "volunteering", this would be a violation. She needs to be studying.
 
nelsona said:
I agree. In fact, her part-time study makes it even less of a concern, since it is "incidental" to her TD. Be careful however that she is not "working". If the researcher beside her is getting paid, and she is merely "volunteering", this would be a violation. She needs to be studying.
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The research and studying go hand in hand. To be able to research for a professor, you have to be enrolled into courses. She is studying and researching. She can't complete her PHD without the research.. research is part of the PHD...

now that we established that PHD students need to research and do courses

so my next question would be.. can TD students work towards their PHD?
 
That is my point: If her colleagues have scholarships and are getting paid for research, then she should too, which would make it illegal on TD. If they are on scholarship and NOT being paid, then she can do this research, too. She cannot do work which is normally paid for. On F status, this would not be a problem, since paid work related to her studies is permitted. Not on TD.

Otherwise, she is like a person who "volunteers" -- even at a non-profit -- where all other staff is being paid. That is illegal work. Its the work, not the manner or lack of payment, that counts.

You might need to seek a legal opinion.

Of course, she could always apply for her own TN (if she is Cdn/Mex citizen). Research would certainly qualify for TN.
 
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nelsona said:
That is my point: If her colleagues have scholarships and are getting paid for research, then she should too, which would make it illegal on TD. If they are on scholarship and NOT being paid, then she can do this research, too. She cannot do work which is normally paid for. On F status, this would not be a problem, since paid work related to her studies is permitted. Not on TD.

Otherwise, she is like a person who "volunteers" -- even at a non-profit -- where all other staff is being paid. That is illegal work. Its the work, not the manner or lack of payment, that counts.

You might need to seek a legal opinion.

Of course, she could always apply for her own TN (if she is Cdn/Mex citizen). Research would certainly qualify for TN.
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Okay, thanks for the info. she's not Cdn/Mex Shes from pakistan.. switching back to F1 would be the only option..
 
nelsona said:
That is my point: If her colleagues have scholarships and are getting paid for research, then she should too, which would make it illegal on TD. If they are on scholarship and NOT being paid, then she can do this research, too. She cannot do work which is normally paid for. On F status, this would not be a problem, since paid work related to her studies is permitted. Not on TD.

Otherwise, she is like a person who "volunteers" -- even at a non-profit -- where all other staff is being paid. That is illegal work. Its the work, not the manner or lack of payment, that counts.

You might need to seek a legal opinion.

Of course, she could always apply for her own TN (if she is Cdn/Mex citizen). Research would certainly qualify for TN.
Click to expand...


I asked this question on AVVO, looks like no one has the same knowledge as you... i'm getting answers ranging from
1) its up to the university to decide
2) if shes not working its fine
3) switch to f-1, J-1 etc
4) asking for more specifics...


Do you know any lawyers you can recommend that are an expert on this topic?
 
So none say "yes", since she would be working by any definition....

This website is provided by an immig lawyer. To offer anyone else's name would be highly inappropriate.
 
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