TD status when full time TN need to be changed to B1/B2 or something else

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k_nraj

Registered Users (C)
I'm on TN and family is on TD (All Canadians). Owns a house and kids goes to school in US. Work requires temporary move to Mexico for a year or two.
Discussion is only in the early stage, but worries about the status'

I'm gathering that I'll have to get a work visa for Mexico

Q1: Since I won't be a fulltime employee in the US, what happens to the current TN & TD. I think both gets invalid
Q2: If the TN & TD becomes invalid, is there any option for family to stay and kids can finish the school and keep our driving licenses until I come back
 
Your TN would remain active as long as you continue your relationship with your sponsor and could be used when you return (if not expired). It would be hard to justify your family staying on TD, since they are no longer "accompanying" you in US. They could get visitor status, assuming they will have a place to live in Mexico or Canada.

Generally, your DL can only be kept where you live.
 
nelsona said:
Your TN would remain active as long as you continue your relationship with your sponsor and could be used when you return (if not expired). It would be hard to justify your family staying on TD, since they are no longer "accompanying" you in US. They could get visitor status, assuming they will have a place to live in Mexico or Canada.

Generally, your DL can only be kept where you live.
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Thank you Nelson,
I’m trying to avoid a moving for the family, especially since it’s for a year and a maximum of two years and don’t want to mess up with the junior and senior year of high school

So in essence, even though I am not full time working in the US for the year or two while I am on another operation in another country for the same employer, the TN and TD are still valid through whatever original validity period. Is it an accurate statement?
 
k_nraj said:
Thank you Nelson,
I’m trying to avoid a moving for the family, especially since it’s for a year and a maximum of two years and don’t want to mess up with the junior and senior year of high school

So in essence, even though I am not full time working in the US for the year or two while I am on another operation in another country for the same employer, the TN and TD are still valid through whatever original validity period. Is it an accurate statement?
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No. Nonimmigrant status is something you can only have while in the US. So when you are not in the US, you do not have TN status (or any other status). Your dependents can only have TD status if you are in TN status, so if you are not in the US, they cannot have TD status either. There might be a grey area for a brief trip abroad while dependents stay in the US, but for a long absence like this, they will definitely be considered out of status and deportable.
 
kn_raj,
I don't know how you got that they could stay on TD from my response. I simply said you could use your TN once you returned to US, but that your family would need another status to remain legally in US.

But just to be clear, TDs, H4s, F2, etc do NOT lose their status merely because the primary is outside the US temporarily (otherwise entire families would have to continuously travel with the primary, which has never never been the case). But your departure is not temporary.


 
If you are currently on a TN visa and wish to change to a B1/B2 visa, you will need to apply for a new visa. You can do this by going to the nearest US consulate or embassy with the required documentation.
 
mehakahuja said:
If you are currently on a TN visa and wish to change to a B1/B2 visa, you will need to apply for a new visa. You can do this by going to the nearest US consulate or embassy with the required documentation.
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That makes no sense. Visas are only for entering the US and nobody is entering the US here. (Canadian citizens do not need visas anyhow.) People can change status in the US, and that does not involve visas since they are not entering the US.
 
newacct said:
No. Nonimmigrant status is something you can only have while in the US. So when you are not in the US, you do not have TN status (or any other status). Your dependents can only have TD status if you are in TN status, so if you are not in the US, they cannot have TD status either. There might be a grey area for a brief trip abroad while dependents stay in the US, but for a long absence like this, they will definitely be considered out of status and deportab
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nelsona said:
kn_raj,
I don't know how you got that they could stay on TD from my response. I simply said you could use your TN once you returned to US, but that your family would need another status to remain legally in US.

But just to be clear, TDs, H4s, F2, etc do NOT lose their status merely because the primary is outside the US temporarily (otherwise entire families would have to continuously travel with the primary, which has never never been the case). But your departure is not temporary.


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Sorry, it’s my bad

Nelson was mentioning about reusing the TN and I got mix up with TD
 
mehakahuja said:
If you are currently on a TN visa and wish to change to a B1/B2 visa, you will need to apply for a new visa. You can do this by going to the nearest US consulate or embassy with the required documentation.
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I once applied for change of TN to B1/B2 when I lost my job within the country

it got rejected by saying you already have a TN
 
You don't apply for B1/B2 status in US, that's a visa designation, which, as a Cdn you are ineligible for . You apply for B1 or B2 status by filing I-539.
 
Okay, so after filing I-539 a) can one stay in the US for the time it takes to process the AOS, it's probably 8+ months.
And b) can one travel outside the US and return back in while I-539 is under processing.

Thanks.
 
Aamir1 said:
Okay, so after filing I-539 a) can one stay in the US for the time it takes to process the AOS, it's probably 8+ months.
And b) can one travel outside the US and return back in while I-539 is under processing.

Thanks.
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1. Yes. It's COS (Change of Status), not AOS.
2. No. Leaving the US would automatically abandon your COS (since it would be moot anyway, as your stay has ended, so you are not extending your stay or changing the status of that stay anymore). You can seek to enter the US again for a whole new stay from scratch, on the basis of a valid US visa (or for Canadian citizens, simply on the basis of their passport).
 
any request for B2 status at the border would require proof of foreign residency -- even for Cdns.

So, kn_raj, I hope you are coming to the realization that your family isn't going to be able to stay in US while you take this foreign assignment -- something you should consider before accepting this secondment.
 
nelsona said:
any request for B2 status at the border would require proof of foreign residency -- even for Cdns.

So, kn_raj, I hope you are coming to the realization that your family isn't going to be able to stay in US while you take this foreign assignment -- something you should consider before accepting this secondment.
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Yes, I have to really see what my options are. I may have to skip the assignment, as much possible

As much as I looked at, family cannot stay in the country more than six months even if they change to B1/B2 in my absence from the country
 
k_nraj said:
Yes, I have to really see what my options are. I may have to skip the assignment, as much possible

As much as I looked at, family cannot stay in the country more than six months even if they change to B1/B2 in my absence from the country
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Your kids cannot legally attend school on B1/B2.
 
Hello Every one,

I have a question regarding TN 1 visa (Canadian) for the USA. If somebody may lose his job in the USA on TN 1 Visa and His family has a TD1 visa.
Can all stay in the USA until TN1 and TD1 expiry after losing job?

Meantime the main applicant shall have time to find a new job in his profession on basis of TN1 visa. After getting a new job, is it possible to change the employer without any further difficulties?

Please share your knowledge and experience on that topic.
 
oad said:
Hello Every one,

I have a question regarding TN 1 visa (Canadian) for the USA. If somebody may lose his job in the USA on TN 1 Visa and His family has a TD1 visa.
Can all stay in the USA until TN1 and TD1 expiry after losing job?

Meantime the main applicant shall have time to find a new job in his profession on basis of TN1 visa. After getting a new job, is it possible to change the employer without any further difficulties?

Please share your knowledge and experience on that topic.
Click to expand...

He remains in TN status (and his dependents remain in TD status) until 60 days after he loses his job, or when his I-94 expires, whichever is earlier. After that, they are out of status.

If he finds a new job within those 60 days, either 1) he can leave the US and re-enter for a new TN admission, or 2) the employer can file I-129 for extension of stay inside the US.
 
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