Help: apply to TD visa in USA?

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cissy67

Registered Users (C)
I'm a Canadian citizen working in US on TN status (expires May 25th 2010). I have gotten my H1 approved that will be effective at Oct 1st 2009. My wife, a Chinese citizen who was holding H1-B and working in US, is laid off now. Her H1B is invalid once she is laid off. Now I plan to apply TD visa for her.

Do we need to go outside to US Consulate to apply TD visa? Or we can apply TD through mail?

If so, does she need to go back to China? Is that possible we can go to US consulate in Canada?

Thanks very much!
 
The best course for you would be to apply for TD by mail (use I-539) immediately.

Since you will be in TN status for only a little while more, filing for TD and staying in US until October is probably the best course (her I-539 will not be approved by the time october comes, but she needs to file).

Otherwise, if she leaves US, she will need a visa stamp (she can get this with an appointment in Canada) to re-enter, whether it be on TD (before your H1 become valid) or in H4 (after your H1 becomes) valid.

You also need to be thinking about submitting a mail-in for H4 for her to take effect when your H1 does.


One thing you did not mention is if your h1 approval came with an I-94 attached or not. This matters in determining if your H1 will take effect automatically on Oct 01, or if you must go to the border to activate it.
 
Thanks for your apply!

My H1B has an I-94 attached. So I think my H1B will effective at Oct 1st automatically.

Could you please give me a list of documents required for the TD application?

I searched the list online:

* Completed DS-156 Form (nonimmigrant visa application form).
* Form DS-157 (supplemental nonimmigrant visa application form). Submission of this form is required for all male applicants between the ages of 16 and 45 irrespective of nationality.
* Original valid passport (at least 6 months.)
* Two identical passport-size photographs, with a plain white or off-white background. The photo must be taken within the past 6 months.
* Older passports containing previous visas.
* Documents substantiating previous legal status in the United States.
* Application fee (non-refundable.)
* Copies of principal TN applicant's documents.
* Proof of dependent's relationship to the principal visa holder. The documents must be original or certified copy.


Could you please give me the address to mail the document? Any recommend ed link need I take a look before starting the whole process?

Thanks very much!
 
I guess you are going to ignore what I said and go for TD Visa. Any particular reason why, since it will only be good for 2 months, and you will have to start over again? And that is assuming she can get an appointemnt anytime soon.

AS I said, I-539 filed now will keep her in TD status until October 1, and then she go and get H4 visa.

She already got a h1 visa, its the same documentation plus proof of your TN and proof of your marriage.

Rinse and repeat with proof of your H1 later.
 
I can understand what you said. The list I attached might not be my case. Sorry about that! I just want to know the address to file the I-539 form (we live at Boston) and a list of other required documents.

Thanks very much!
 
All the instructions, including mailing address for I-539 come with the Form on the CIS website.
 
I downloaded and read the instruction. Except the Form I-539, the following documents I need to prepare:

A. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS

B. A copy of the employee's Form I-94 or approval notice showing he or she has already been granted status to the period requested on your application;and

C. Evidence of relationship

Question:
I got my TN status from Port of Entry at Montreal this May. I only a new I-94, but not Form I-129. I only have a copy of Form-129 for my H1B application. Got confused, please help.

Thanks very much!
 
For the H4 petition you will probably do immediately after, you would need (A or B, since you have both) and C.
 
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