I-539 Status Question

[LMBrian]

My employer is just about to mail in an I-129 petition with Premium Processing, I-539 and 2 X I-539A applications, (Extension of Stay).
The current TN and TD status does not expire until July. We have a family situation and we have had to book flights for my wife and one daughter to fly home for 2 weeks. Here are the questions/options:

Does the complete I-539 package become abandoned if they leave during processing or can I just send in 2 new I-94's to update the application on their return?
Can we go ahead and file the I-129 with premium processing and then file the I-539 package after they return?
Or...just wait until they return and then file I-129 petition, with Premium Processing, and the I-539 package?

Sorry about all the questions, just want some guidance as to the better option.

 

[newacct]

Does the complete I-539 package become abandoned if they leave during processing

yes

Can we go ahead and file the I-129 with premium processing and then file the I-539 package after they return?

yes

Or...just wait until they return and then file I-129 petition, with Premium Processing, and the I-539 package?

you can do that too, if the company is willing to do that

 

[LMBrian]

Thank you @newacct, I think I will go with option 2: File I-129 (with PP) now to extend and then send in I-539 package on their return.

 

[nelsona]

If you file I-129 premium processing, and your case is approved before they return, they can simply get new I-94s when they return by referncing the approval number at the entry point. They can look it up.

So have them carry the required docs for TD.

 

[LMBrian]

@nelsona ....here's the catch: Only my spouse and one daughter are travelling. Our other daughter has not travelled. It is very likely the I-129 will be processed and approved prior to their return and the ladies could do as you have suggested on their return. So .....
Can my wife apply for our other daughters TD status on her return even if she has not travelled with them?
Do we just wait and file I-539 and 2 X I539A's on their return? (My employer has agreed to pay this cost so there is no cost to us)
Can I just file an I-539 for our daughter on their return?

 

[nelsona]

Your other daughter would need to be at the border to be issued a new I-94.
I-539s take forever; why not get the ones you are entitled to at the border (wife and daughter #1), and then file 1 I-539 with your I-129 for the other girl.

Having an I-94 is more useful than a long-pending I-539 for the other two.