New TD application from within the U.S. possible?

G

godppgo

Registered Users (C)
Here’s my situation:

I am currently on TN status with Employer A and will be getting a new job offer from Employer B. My wife, who is not a Canadian or Mexican citizen, is currently on TD status and resides in the U.S with me.

My questions are:

1. Once I have obtained my new TN with Employer B, does that mean my wife’s current TD status becomes invalid right away? Since her current TD is tied to my TN with employer A.

2. Is it possible for my wife to apply for a new TD from within the U.S.? Or does she have to leave the U.S. and apply for a new TD at a US embassy?

3. If my wife has to apply for her new TD from outside of U.S., is there any way for her to legally stay in the U.S. for a few more months before she leaves the U.S. to apply for her new TD?

Any input or advice is greatly appreciated.
 
1. Her TD is based on you having a TN -- any TN. So her TD remains valid. She is currently legal in US until her I-94 expires.
2. She can apply to extend her TD status to coincide with your new TN by filing an I-539 by mail, from within US.
3. See 2.
Eventually (once her current TD visa -- not status -- is expired), she will need to get a new TD visa at a consulate, if she wishes to travel, but
 
Thank you for the reply!

I didn't know TD visa is based on just any TN, doesn't need to be the original TN that the TD was granted up on.

This clears things up alot, thanks again for the information.
 
An interesting question is whether the TD remains valid if the identity of the TN principal changes.

Example 1: Husband enters with a TN, wife and children get TD's. Wife then gets her own job and her own TN. Husband then leaves his job and changes to TD with his wife as TN principal. Do the children's TD's remain valid?

Example 2: Parent enters with a TN, child who is nearing (but hasn't quite reached) the maximum age of 21 enters on TD. At the age of 20, the young adult marries someone who themselves has a TN. The parent can no longer be the principal TN, as the young adult is no longer unmarried. But does the TD remain valid by virtue of now being married to a TN holder?
 
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