Td visa update

kepu

Registered Users (C)
Hi All,

I am on my third TN Visa right now(Expires Nov-09) since last Nov.Here's my wife's situation, She's PR-CANADA having Indian PP and I filed I-539 for her when I got on my second TN @ Mexico border in last June,after 2 months of apply ,I have got I-797 for her TD-NI VISA(which is basically 1 page letter saying acceptance of your application when you apply thru' mail and send $300 fees) and we were waiting for her I-94 to come for that TN term of mine and so, we were waiting and in the third week of december I got a letter from USCIS asking that "pls.submit a copy of the approval notice(Form-I 797)for the most recent I-129 petion for non immigrant worker(I-129) filed on behalf of your spouse"

I have to send asked information in next week but I am bit confused that in this situation what I should do...(Specially,I don't want to send another{3rd TD VISA} I-539 for her in the mail as it takes more than expected time, when she has to go to India in this March this year.)

Any suggestion for quick solution of this case without having much trouble of waiting for the 2nd TD and 3rd TD in the mail.

- Thanks in advance
 

nelsona

Registered Users (C)
What quick solution? CIS has asked for proof of your status. That is your I-94 from the border. Send that with a note that your got TN at POE.

Did you send a copy of your June I-94 with the I-539? If not, you might want to add a copy of it (with a note saying you got it at POE).

There is no reason to submit another (third) I-539. The 2nd one will last at least until she leaves US in March. Their request for I-129 information os based on the fact that most work authorizations are done thru I-129. TNs don't have to be.

Any reason why you did not get 3-year TN at the border in November? Weren't 3-year TNs available then?
 

kepu

Registered Users (C)
First of all Thanks for your prompt reply nelsona.....
1) Did you send a copy of your June I-94 with the I-539 - Yes I did alongwith I-539 (in June Now, Do I have to send the copy of that same I-94 with some note or my third one which was again Issued at Mexico border in Nov-08 ?

2) There is no reason to submit another (third) I-539. The 2nd one will last at least until she leaves US in March. Their request for I-129 information os based on the fact that most work authorizations are done thru I-129. TNs don't have to be. - In this event what is going to happen when she'll leave in March with valid TD until june-09(based on my second TN which I surrender at the border in Nov-08) I mean when I can apply for her third TD based on my 3rd TN upto Nov-08?

3) Any reason why you did not get 3-year TN at the border in November? - No big deal cause my current employer's appointment I got was for one year in that letter besides that he issued that in mid-october at that time until Oct'19 or later , however I tried to ask for that then on the border CBP people were saying they did not receive a gadget in their computer for three years and will be avilable to everybody after few weeks then....

Thanks in advance again to every one...
 

nelsona

Registered Users (C)
As I said, you need to submit copies of your last I-94. The important thing is to mention that you did not obtain either thru I-129.

As to her upcoming consular visa and subsequent re-entry, she should be using your current I-94, which will result in her getting a TD visa and I-94 expiring in November (see why getting 3-year would have helped?)
 
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