TN / TD Visa Extension

adamJJ

adamJJ

New Member
Hello,

I'm new to this website, and would greatly appreciate any help. I tried browsing through the older threads but couldn't really find any posts that answered my questions.

Here goes:

I'm a Canadian citizen, and my wife is a PR (Canada). We both reside in the USA (I'm on TN, wife is on TD, both expire Jan 10, 2020).

I am aware that I have 2 options of renewing my TN status: Either at POE (where I received my prior 2 TN visas), or I can apply using the I 129 form (Which i've never attempted yet).

My wife does not want to travel to Canada with me in order to get her TD visa renewed at same time as my TN. So, I'm think that I either renew my TN at POE or using I129, and then my wife can renew her TD using the I539 form. At least that is my understanding of the process (correct me if I am wrong).

Looking at the processing times, it shows 4-5 months (unless you opt for the premium processing, which is an additional $1,500, no thanks...). Also, I believe premium processing would only apply to TN visas, not TD (ie. Premium processing is for I129, not offered for I539).

What is the best way to renew my TN visa? What is the best way for my wife to renew her TD? I was reading about DS160 application, but wasn't sure if that applied to us.

Any help would be great, and thanks in advance. Cheers!
 
Not much to add. You go to border, she files I-539. It doesn't matter how long her I-539 process takes, she remains in status. She would only need to go to consulate if she left the US.

Btw, it doesn't matter how long your 1-129 process takes either, if you chose that route, since you too remain in status while staying in US, so no need to file premium. She would file I-539 at same time as you filed I-129.
 
Thanks for the quick response. You are super helpful. Other questions I had were regarding some of the parts in form I 129:

1.) Do I need to submit duplicate copies of form I129? It stated that on the UCIS website but I’m not sure if that applies to TN extension or just H1B applicants?
2.) Part 4 Question 1 - Processing Information - it States ‘If a beneficiary or beneficiaries named in Part 3. is/are outside the United States, or a requested extension of stay or change of status cannot be granted, state the U.S. Consulate or inspection facility you want notified if this petition is approved’.

Does this section apply to TN extension? It asks for type of office (consultants, preflight, etc), along with a foreign address? We both reside in USA, do we put a foreign address still (my parents address in Canada?).

3.) Part 4 Question 5 - ‘Are you filing any applications for dependents with this petition’? I understand this question is directed at my employer (since they are the ones to complete form I129), but what do they answer for this question? My employer will be submitting this form, and I will include form I539 in the same packet as well for my wife’s extension. Do we Write yes or no here?

4.) Part 5 Question 2 - LCA / Case number - i would leave this blank as it wouldn’t apply to TN holder, correct?

5.) Part 5 Question 11 - Days of intended employement. What do I put as the starting date? I’m currently working for the same company, and my current TN expires Jan 10, 2020.

As for end date, do I just add 3 years from start date?

6.) Part 5 Question 15-16 asks for Gross Annual and Net Annual - That Question is directed at the company, not my individual salary, correct?

Thanks again Nelsona, you are awesome!!
 
You will notice from other posts, that we try not to get into the specifics of form-filling.
 
nelsona said:
You will notice from other posts, that we try not to get into the specifics of form-filling.
Click to expand...

And as you mentioned in OP's other thread, any employer (or their legal rep) should be filing such forms. TN is an employer's petition after all.
 
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