TD travel

S

sunwind

Registered Users (C)
I have Canadian citizenship with TD status and it will expire in Feb 2009. My husband's TN is in renew process. But my TD renewal was not submitted. Also he will go through H1-B application in April.
I plan to travel out of USA from Mar to Sep.
My question: 1)is there any problem to enter USA without any valid visa?
2)how my husband's H1-b application will affect my expired TD status?
3) how this travel will affect my husband's H1-b application if he applies H4 for me at the same time
4) should we apply H4 / H1-b separately
Welcome your comments and appreciate your help. Thanks in advance.
 
sunwind said:
I have Canadian citizenship with TD status and it will expire in Feb 2009. My husband's TN is in renew process. But my TD renewal was not submitted. Also he will go through H1-B application in April.
I plan to travel out of USA from Mar to Sep.
My question: 1)is there any problem to enter USA without any valid visa?
Click to expand...

-- You will need some status to remain in US after your TD expires, since it expires in Feb and you plan to travel in March. You need to get your TD renewed.

2)how my husband's H1-b application will affect my expired TD status?
Click to expand...

-- Get your TD renewed first to be in status. Get H4 once your husband gets his H1b status. Your expired TD will get you out of status (and you will start accruing illegal presence days). This is how your expired status will affect you. This is what you should be thinking, instead of the effect of H1 on the expired TD.

3) how this travel will affect my husband's H1-b application if he applies H4 for me at the same time
Click to expand...

-- It will not affect his H1 application.

4) should we apply H4 / H1-b separately
Welcome your comments and appreciate your help. Thanks in advance.
Click to expand...

-- It will be convenient if you apply together.
 
--You will need some status to remain in US after your TD expires, since it expires in Feb and you plan to travel in March. You need to get your TD renewed.

thanks for your advice. I'm waiting for my husband's TN renewal approval to renew my TD, however there is no sure that will occure before my TD expires. How could I renew TD without his TN renewal approval?


-- Get your TD renewed first to be in status. Get H4 once your husband gets his H1b status. Your expired TD will get you out of status (and you will start accruing illegal presence days). This is how your expired status will affect you. This is what you should be thinking, instead of the effect of H1 on the expired TD.



-- It will not affect his H1 application.



-- It will be convenient if you apply together.[/QUOTE]
If we do so, can I leave the courtry when submiting the application form?
 
If you are only returning to US in September, simply get TD when you return, based on what surely will be his renewed TN. Being out of status for a few days in Feb is not critical. You need his approved TN to get TD, so wait until he gets this before returning to US.

He will not get H1 status before October 1, so you will not be eligible for H4 until then.
There is no need for you to have TD status until and unless you enter US.

It is pointless for your H4 to be submitted in April. First off, you apparently won't be in US when he applies, so your I-539 for H4 is invalid. Moreover, even if you are in US, the moment you leave, the I-539 becomes invalid.

Best wait until you return, in september, to enter on TD at border (with copy of hubby's TN) and then submit I-539 at that time, for October H4.
 
How could I renew TD without his TN renewal approval?
Click to expand...
You can only do this by mail, referring to his I-129 petition. Otherwise, you wait until his approval comes and then go to the border. Read my post above as it contradicts a couple of points from bigboy.

Just fpr clrity, when you say you are travelling "out of USA from Mar to Sep", does this mean. one voyage of 6 moths, or several return trips during this time?
 
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By the way, as I'm sure you are aware, it is not proabale that your spouse will even get H1, so worrying about H4 at this point is not useful.
 
Then forget about TD right now.

When you come back, you will apply for TD at border/airport. You will need a copy of your spouse's TN sent to you, when it is approved, before you try to come back to US.

Then after you are back in US, IF your spouse gets H1 approval, submit an I-539 to get your h4, referring to his approved h1 I-129 petition.
 
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