Switching Jobs on TN ; New TD Visa Stamp for spouse?

C

ChicagoGuy30

Registered Users (C)
Hi,

I'm a Canadian citizen currently working on TN status for employer-A since July 2009. My spouse is a landed Canadian immigrant with a TD visa stamp (issued at Montreal) and I-94 in her passport. Our TN/TD status (I-94) and TD visa are valid until 2012. The TD visa stamp has an ANNOTATION specifying my NAME and EMPLOYER-A.

I recently received a job offer from employer-B. I'm planning to go to a POE and apply for my TN2 to be able to start working for employer-B. I will only resign from employer-A after I get TN2 approved for employer-B.

Questions:
1. Does my wife has to go with me to the POE when I apply for my TN2 or can she stay in US?
2. If she accompanies me, would she be able to get her TD status changed to my TN2 i.e. a new I-94 with the new expiry date of TN2 and enter the US on her previously issued TD visa stamp? Or does she have to go to a US consulate first, get a fresh TD visa stamp and then get her new TD status? I heard something about 30 day AVR (Automatic Visa Revalidation) rule, would that rule be applicable in this case?
3. If she stays in US, while I apply for my TN2 at the POE, can I file an I-539 for her before quiting employer-A, so that her TD status gets changed to match my TN2?

Your help and guidance will be appreciated. Thanks

Reinaldo
 
She can stay in US, and her TD remains valid so long as you have a TN -- any TN. Regardless of what might be noted on the bck of her TD, it is strictly dependant upon YOU, not an employer. There is no point getting a new TD stamp (nor a new I-94) until it nears expiry. AVR will apply in the future, but will not need to be called upon until her stamp expires.

Basically, your new TN is a non-event for her.
 
Thanks nelsona, It is really good to hear that my new TN is a non event for her.

Just out of curosity ... can you please share the source (e.g. CFR #, Immigration/Visa Bulletin, NAFTA rules reference etc...) where you learned about this rule?

Reinaldo
 
i c

"One must learn by doing the thing, for though you think you know it, you have no certainty until you try" ... ARISTOTLE

Reinaldo
 
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