TD Visa Extension

ns02cc

New Member
I am Canadian in USA working and am on a TN valid until June 2026. My son is on a TD until April 2025 due to an expiring passport. I recently got him a new passport . We recently submitted I-140 and will likely hear back around Dec. Should I submit I-539 now for him or wait until closer to his TD expires. My thinking is I should now, because with an approved I-140 they may give us a hard time extending his TD. Thoughts?
 
Approved I-140 (or pending approval) does not impact your TN / TD application. This has been mentioned on this forum many times.
 
Ok, so wait until 45 days before it expires then? No benefit in doing early I guess. Even if it takes months to process, we wouldn't be leaving USA while waiting for processing of I 539.
 
Well if he is a Canadian citizen or has a valid TD visa, then it would be cheaper for him to just leave the US and re-enter than to file I-539 for Extension of Stay. But other than that, there is nothing wrong with I-539.
 
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