TD Status while TN is changing the jobs

C

CDN9

Member
Hi All, not sure if someone came across this scenario. Currently I am on TN and its valid till Jan 2024 - my wife is on TD status and her I94 is valid till November 2021, border issued her TD till expiration date of her passport (Nov 2021). She got her passport renewed in April 2021, subsequently we filed for her I94 extension to match with my I94 with USICS by filing I-539 (its still in process, will take more time due to current staff level issues with COVID). She is non-canadian and her TD visa stamp also got expired in Jan 2021. However, we decided to just renew I94 as visa offices are closed for processing

Now, I am in the process of changing my job. For the new job, I need to get a new I94 by going to any canadian/mexico border, since my wife is not having a TD visa, she won't be able to come back to US if she accompanies me to the border, also she will loose the current I-539 filed with USICS

To solve this, should I alone with the border, get a new TN ? once I get TN, can we update my wife's current I-539 to state that primary got a new TN hence new I94 validity date is required ? Or we have to file a new I-539? except the employer and new primary I94 validity date, nothing is changing here

Any inputs will be highly appreciated
 
Her TD is predicated on you having a TN, any TN. As long as you have TN, she is fine with her I-539 as filed. She is in fact completely fine until November, and thereafter until the I-539 is approved.
 
nelsona said:
Her TD is predicated on you having a TN, any TN. As long as you have TN, she is fine with her I-539 as filed. She is in fact completely fine until November, and thereafter until the I-539 is approved.
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Thanks Nelsona - this is a bit of relief - since the current I539 holds good, when they approve it and provide I94 at that point, I will have to submit a new I 539 indicating the new date (as I will get a new I94 validity date with my new TN)
 
I would at that point bite the bullet and get her consular visa instead and get I-94 at the border. The likelihood that she will NEVER leave US during the next three years is miniscule, and if she had to leave in an emergency, getting a visa at that point may be more difficult.
 
nelsona said:
I would at that point bite the bullet and get her consular visa instead and get I-94 at the border. The likelihood that she will NEVER leave US during the next three years is miniscule, and if she had to leave in an emergency, getting a visa at that point may be more difficult.
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Thanks Nelsona! I am thinking, now the US consulates in Mexico are open and accepting Visa applications. I am thinking should I go and get her TD Visa and on return she can get TD I94 at the border (Her I-539, we will withdraw upon return). Once her visa is there, when I switch the jobs, I can take her with me to the border and get new TD I94 at the same time

Some reason US consulates in Canada are not accepting any new visa applications yet.... but US consulate in Mexico are taking in...
 
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