I AM A TD VISA HOLDER

H

helen_nj

New Member
My husband has been on TN in the past five years( his TN and my TD got renewed a few times through USCIS) and he got a new offer recently, so he will go to border this time to get his new TN.

I am not a Canadian citizen and a PR only. Also, I have no plan travelling overseas and re-entering the States in the near future. In other words, I do not want to go to the consulate to apply for my new TD visa if it's possbile.

Could anybody tell me if I can file I-539 by mail after my husband gets his new TN at border?

Thank you!
 
First off, if your spouse changes TN jobs, and your TD (I-94) and your consular TD visa are still valid, you are not required to do anything . Your TD is based on him have a TN -- any TN. Only if your I-94 is near expiry should you worry about renewing I-94 at same time as spouse.

If and when you need to extend your TD status (I-94), you may do this by mail (I-539). your new i-94 will coincide with your spouses new TN expiry. If you do submit , and wait for its approval, this means you may travel to Canada and NOT have to get a new consular visa, whether or not the visa has expired (travel to other countries outside N America would still require new visa (assuming it is expired).

So, the best course of action would be to stay in US, have spouse go to border and get new TN. then, at some point before your I-94 expires, request extension using I-539. This will allow travel to canada and mexico without having to get a new consular visa.

Now, even though you may be reluctant to get a new visa, it is probably advisable for you -- as your consular visa nears expiry - to make a convenient appt at a Cdn consulate to get a new TD visa. Why? becuase you never know when you may get unplanned call back to your home country (or wish to visit another country) and find yourself unable to get a timely and convenient consular appointment.

But, certainly for now, yourspouse merely gettinga new TN has no impact on your status or visa.
 
Hello, Nelsona:

Thank you so much! I really appreciate your great help!

A couple of questions:

1. I always assume that once TN is invalid, TD automatically becomes invalid at the same time. That's why I believe I must do something after my husband gets his new TN at border, otherwise I will be out of status immediately.

Based on what you said, I will be still in status even though I do nothing after my husband already has a completely new TN?

2. If my husband's new TN, say, is valid from 02/2015 to 02/2016, my current TD, however, is valid from 09/2013 until 09/2016, which does not coincide with his expiry. Will it cause me any problems in the future?

I am sorry to bother you again since I need to be very careful when it comes to attaining a legal status in the States.

You are absolutely right about me getting a new TD visa at consulate, and the one on my passport was long expired, so I definitely will reconsider what I am going to do about it. I just really don't like to deal with visa officers. Anyway, thank you again for your help!

Best wishes
 
1. You previous assumption was incorrect. Your husband is changing from one TN to another, with no period of invalidity. Your TD is not based an any particular TN, it is based on your spouse being in TN status, which he is continuously, from what you said earlier.

2. No. Since your TD validity exceeds his TN validity, then your only worry is him remaining in status.
 
Now, I totally got it! So long as my husband is always in status, continuously, it doesn't matter if he jumps from job A to job B, I do not need to take any action for the time being unless my TD is going to expire. It is so good to learn this important information! Thank you! I wish you a wonderful new year!
 
Yes. And of course yourhusband will have continuous TN status, because i'm hoping he will not surrender his first TN position until and unless he secures the second. It is quite permissable for him to keep both TN's alive while transitioning.
 
Definitely, nelsona, definitely, my husband and I both know that we have to pack and leave for Canada if he loses his current job before he can get a new one.

Which makes me bring up one hypothetical question, if, this worst scenario did happen, I know a TN holder could file I-539 and change his or her status to B2, could I, a TD holder, file it as well? My husband and I should file it together or separately? I am really not sure if I can get a B2 approved from USCIS since I am not a Canadian citizen.

I hope I am not annoying you. Thanks a million!
 
Of course you can, you would file in the same packet. B2 is available to citizens of all countries. But let's stick to the issue at hand.
 
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