When can a TD visa holder apply for a new TD visa?

[superjk]

Hi all,

My mail-in 3 years TN petition just got approved today. I got the approval email from USCIS, and the paper work should be on the way to my employer's attorney. My wife is currently on TD status in US. She's a Chinese citizen and holds a TD visa. Her TD visa and I-94 card will expire on July 18th this year. Can I have my wife applies for her new TD visa based on my extended TN before July 18th? We are planning to go to China at the end of August and I am hoping she can receive her new TD visa before July. Thanks in advance.

BTW, the processing speed at USCIS in my case is pretty fast. They received the petition package on March 11th and approved it today. I feel very fortunate.

 

[nelsona]

Can I have my wife applies for her new TD visa based on my extended TN before July 18th?

Well, if you mean can she get a consular visa stamp (presumably in Canada) now? Of course.

If you mean can she submit a request (thru I-539) to get her current TD status extended? Of course.

But realize these are 2 separate things.

 

[superjk]

Thanks Nelson for your prompt answer. I meant getting a visa stamped on her passport, and yes, we are planning to go to Canada (Vancouver) to do it. My wife got her current TD visa in Vancouver last year.

If say, I book a visa appointment at US consulate for May, will the consular think her current TD visa is still valid and refuse to give her a new TD visa until her current one expires? I understand you already answered my question in your previous post. I just want to know how sure you are about this.

Also, say if she gets a new TD visa in May, can she get a new I-94 card with the extended expiration date upon entering US from land crossing? I know in case of TN, CBP officer will not process any new TN application until a few weeks before the expiration date. Will they give my wife a new I-94 based on the new TD visa and my extended TN?

 

[nelsona]

sure