Changing Employer on TN; TD Status?

MOMIGI

New Member
Background:

I am a Canadian currently in US working on TN visa, along with my spouse and kids who are on TD status. My spouse is a non-Canadian citizens (requires consular processing for TD visa). Our visas (I-94 in my case and a TD visa for my wife) are valid till middle of 07.

I am planning to change my employer soon.

For some other reasons, filing for change of status within US is not an option (I-129-I539 route). Driving or flying to Canada/Mexico border and re-entry will not work due to Consular processing requirement for TD. Flying to Canada with family and waiting there for TD visa is an expensive, inconvenient (kids school) and time consuming option (last time it took us one month to get a TD from Toronto) at this time. I will try to avoid it if I can.

I am thinking (if possible) of flying to Canada (without family) and getting a new TN for my self at port of entry. This will only work if it does not impact the legal status of my family.

Questions:

When I get a new TN, does the TD visa obtained on the basis of my employment with a previous employer become invalid? (in other words is TD visa also employer specific as TN is and needs to be changed along with TN). Or family will be in status as long as they have a valid TD visa.
Thanks
 
MOMIGI said:
When I get a new TN, does the TD visa obtained on the basis of my employment with a previous employer become invalid? (in other words is TD visa also employer specific as TN is and needs to be changed along with TN). Or family will be in status as long as they have a valid TD visa.

The TDs are solely predicated on being the dependent of an alien in TN status; they are NOT tied to the employer in any way beyond your TN status (and therefore their TD status) being predicated on remaining employed.

Therefore, your plan to get a new TN at a POE by yourself appears sound. The only caution I would have is that the expiration of their I-94s and TD status will not be automatically extended, and that you will need to file an I-539 to extend their status to synchronize the expiration dates at some point around 30 days before their TD status expires. It is important that you not forget to do this.
 
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