Tnstatus1111
New Member
Hello, my situation is a little unique and I need some guidance.
I am on a TN with Employer 1 that is set to expire in 2024. I just got a new job with Employer 2, and so, Employer 2 just filed for I-129 which is a change of employer. This changed my new TN with an expiry date to 2025.
Now, my spouse has her TD status which is currently valid till 2024 (tied to employer 1s expiry date). My new employer filed for I539 - extension of status which will now change her expiry date to my new TN date which is now 2025. This was filed for her in June 2022.
Problem is, I now need to travel to Canada with my spouse. I have heard that if she leaves the country, she will therefore abandon her I-539 application because if you leave the country while your application is pending, your application will be denied.
Question 1.) Is this true? Will her I-539 extension of status be denied because she left?
Question 2.) If we leave the US, and the I539 is really denied, can she still enter the US on her old TD status which is still valid till 2024?
Question 3.) Since we HAVE to go to Canada, should we withdraw her I539 since its still valid for 2 more years, travel to Canada and then file for it in 2024 when we are closer to her expiry? If we withdraw this I-539, will we abandon her CURRENT visa which is valid till 2024? will she be able to enter if we leave and then come back to the US?
Please advise!
I am on a TN with Employer 1 that is set to expire in 2024. I just got a new job with Employer 2, and so, Employer 2 just filed for I-129 which is a change of employer. This changed my new TN with an expiry date to 2025.
Now, my spouse has her TD status which is currently valid till 2024 (tied to employer 1s expiry date). My new employer filed for I539 - extension of status which will now change her expiry date to my new TN date which is now 2025. This was filed for her in June 2022.
Problem is, I now need to travel to Canada with my spouse. I have heard that if she leaves the country, she will therefore abandon her I-539 application because if you leave the country while your application is pending, your application will be denied.
Question 1.) Is this true? Will her I-539 extension of status be denied because she left?
Question 2.) If we leave the US, and the I539 is really denied, can she still enter the US on her old TD status which is still valid till 2024?
Question 3.) Since we HAVE to go to Canada, should we withdraw her I539 since its still valid for 2 more years, travel to Canada and then file for it in 2024 when we are closer to her expiry? If we withdraw this I-539, will we abandon her CURRENT visa which is valid till 2024? will she be able to enter if we leave and then come back to the US?
Please advise!