TN to TD change and TD extension for my son

S

SunT00

New Member
Hi All,

I lost my job on 15th March 2024 and could not find a new job. Since my 60-day grace period is expiring on May 15th. I want to change my status to TD based on my wife's TN at the nearest port of entry (Loredo TX). But I have a complex situation with my son's case.
His TD visa (on my TN) was until September 2023 due to his passport validity. In September I filled for his extension (after getting his new passport) with USCIS using I-539 extension of status. USCIS last week sent me a RFE (request for evidence) of my continous employment. Could you please suggest how do I respond to RFE?

Should I first goto port of entry and get TD visa for myself and son based on my wife's TN without mentioning about pending I-539? And withdraw I-539 later by providing all the details and new TD status of my son?
In this case can CBP officer will figure it out and question me for not mentioning about pending I539? Please advice?
 
Well, since your son's TD (and yours) will be based on your spouse's TN and not yours, simply provide evidence of her continuous employment, along with proof of dependence, if you wish to respond to RFE.

Otherwise simply go to the border, get both TDs. Carry his I-539 receipt notice as proof that he filed timely for TD (the officer may look it up, but have it anyways and should mention it), and then withdraw the I-539 when you get home. No need to elaborate on any details, simply withdraw the I-539 (going to the border kills the I-539, but best to withdraw it formally).

Not really complex.
 
nelsona said:
Well, since your son's TD (and yours) will be based on your spouse's TN and not yours, simply provide evidence of her continuous employment, along with proof of dependence, if you wish to respond to RFE.

Otherwise simply go to the border, get both TDs. Carry his I-539 receipt notice as proof that he filed timely for TD (the officer may look it up, but have it anyways and should mention it), and then withdraw the I-539 when you get home. No need to elaborate on any details, simply withdraw the I-539 (going to the border kills the I-539, but best to withdraw it formally).

Not really complex.
Click to expand...
Thanks Nelsona! I will carry I-539 receipt, but I am thinking of showing it only when the CBP officer asks about it. Otherwise, I don't want to mention and make things complicated for the new TD. Please advise if that's ok or if it's necessary to mention about it.
 
It's not complicated. As I said, you need to show that you made a timely request to maintain status for your son. The I-539 is the proof you need, especially since it has been over six months.
 
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