Travel to US on TD visa

G

genex786

Registered Users (C)
Hello,

Please advice for my circumstances here:
I am Canadian, working on TN status until April 2012 for a contracting company in US at their client site. My wife, neither Canadian resident nor citizen, has a TD visa on her passport until April 2012, her I-94 also good until April 2012. We both plan to travel back to our native country and be there for a couple of months from next month. Then we plan to travel through US (in transit) into Canada in July 2011. (she may get her Canadian PR by then)

1) I will be leaving the current job position with the contracting company's client next month. Though the TN being from contracting company, it should be good for me to join another client of the contracting company, if I like to do so and there is a requirement, anytime later until April 2012. Is this correct?

2) a) If I do not take up any client assignment by the time we travel back in July 2011- Would the CBP at US airport let us transit(by flight) without any issues?
b) Maybe we do not need to go through Immigration/CBP for transit only purposes at US airport, I am not sure about that. My main concern is for my wife- would her TD visa be valid or not for transit at that time. I was also curious: if I was not travelling to US along with her and remained back in our native country for a month longer, would she be able to travel/transit to/from US alone on her own without any issues?

Thank you very much for your response.
 
Yes, you can go to a neew client on the TN you know have, however...

You will be out of status the instant you leave your current client, regardless of the date on the I-94. Thus when you return to US -- unless it is to work, you will not be able to use the I-94 to enter, and your spouse will not be able to use the TD visa to enter. Either of you will need to enter on B2 visitor or C transit -- i'll let you find out whether spouse will need a visa to transit through US. It may be wisser for her to go directly to canada.
 
nelsona said:
Yes, you can go to a neew client on the TN you know have, however...

You will be out of status the instant you leave your current client, regardless of the date on the I-94. Thus when you return to US -- unless it is to work, you will not be able to use the I-94 to enter, and your spouse will not be able to use the TD visa to enter. Either of you will need to enter on B2 visitor or C transit -- i'll let you find out whether spouse will need a visa to transit through US. It may be wisser for her to go directly to canada.
Click to expand...

Thank you for the response.

I have confirmed, a person from our native country needs a transit visa for US. But applying for a transit visa while a TD visa is already there on her passport might be another issue- her TD might be cancelled and current I-94 revoked. And I wanted her to retain her current TD visa and I-94, in case I need to come back to US later for another client of my contracting company until April 2012. Otherwise we will need to again get her a new TD then.

Seems your suggestion for us to go directly to Canada is better option.

But I still wonder at CBP rules why they won't allow a person to change planes at US airport without a transit visa, while a valid non-immigrant resident TD visa is already there on her passport (though this TD visa will be non-usable, if I am not working in US at that point of time). We would not be entering US i.e. coming out of US airport. We would be just sitting inside the airport to catch another flight to Canada.
 
The TD visa requires entry in TD, which is impossible if you aren't working. The only reason you would be allowed in is as a visa exempt Cdn tourist.

The root problem is your decision not to maintain your TN, not US immigration rules.
 
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