I-539 Extension of Status for TD spouse

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!
 
1. Yes, because she has no status when outside the US, so there is nothing to extend anymore.
2. If she is a Canadian citizen, or she is a non-Canadian citizen with an unexpired TD visa, they should be able to admit her until the expiration of your latest TN I-94 (in 2025).
3. Whether or not she withdraws it makes no difference. The application is moot.
 
2. Her current I-94 is still valid. Assuming she is CDn (or even if she is non-CDn with a consular visa) , she simply can enter on that I-94, OR request a new one coinciding with your new expiry date, as newacct points out. The only bad situation is if she is non-CDn and has no valid consular visa, without an approved I-539 she cannot enter before getting a new consular visa (ie. AVR would not apply).
 
Mmm, I think you are right, I was thinking that if she did not have a valid I-94 (which she does). A short visit to Canada would be fine An approved I-539 would only be needed if previous I-94 was expired.
 
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