Change B2 to TD

#1
Hello everyone, this is my first post.
My husband has a tn visa,he has it for a year and expired on June 21 but through the form I129 obtained the extension but still does not process the visa.
We are from México and we have a 3-year-old son, for the moment we are visiting here in the USA and I am reporting on the form I 359.
We want to change to B2 to TD.
I would like to know if it is possible to process it even though my husband does not have a visa yet (but I129 is approved) and if so, what requirements do we need?
He can obtain his approval through this form (I359)
Thank you
 

newacct

Well-Known Member
#2
Yes, you can file I-539 for Change of Status from B2 to TD.

Your husband doesn't need a visa -- visas are only for entry and he is not entering. His TN status is given by his I-94 that came with his I-129 approval.
 
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