Wife with pending TD application while H4 got approved

LuciDreamer

Registered Users (C)
Hello everyone,

I already wrote earlier that I had applied to extend my wife's TD status back in March. It's been over 6 months already but the case is still pending. With a little bit of luck I got my H-1B this year and she got her H4 that will start in October. As the attorney mentioned, the status will change from TN to H-1B and hers from TD to H4. Well, $300 of wasted money, or better to say, the price to pay for some peace of mind :), in a case, the H-1B lottery failed.

Question:
Should I ask the attorney to withdraw the pending TD application because of the approved H4 for my wife? Or I should just ignore it and the CIS should cancel it automatically, since they have all the access to a person's file and everything. Any advice?

Thanks.
 

simsd

Registered Users (C)
You better cancel it - you can do it yourself. You need to do it because she may be subject to the "last action taken rule". This means that whatever the last action taken, will be her status.

So first she is TD, then she will be H4. If you don't cancel the I-539 TD request, they may put her back to TD from H4. So to play it safe, I would cancel it.

And yes I know it's expensive, but you're right - peace of mind.
 

nelsona

Registered Users (C)
In the unlikley event that the TD would be approved BEFORE Oct 01, then nothing would need to be done, as the Oct 1st trigger on the H4 would take precedence.

But, since that is unlikley, and it is so simple to actually cancel the I-539 by mail, I would simply do it now.

And it wasn't really a waste of money. Your wife needed to maintain TD status until October 1st, her I-539 filing did this.
 

LuciDreamer

Registered Users (C)
Thanks, Nelsona and Simsd. I think that is what should be done too. I will craft out a letter and will mail it asap.
 

LuciDreamer

Registered Users (C)
I sent a letter to Vermont Center on behalf of my wife asking the CIS to cancel the pending TD case.

It's October 2nd already and the status is still pending... Sounds ironic but this is the first time ever when I wish the CIS did not approve the case :)
 

jiankai_yu

Registered Users (C)
I thought TD application is easy and quick. How come it's taking several months and they still haven't approved it?
 

LuciDreamer

Registered Users (C)
I thought TD application is easy and quick. How come it's taking several months and they still haven't approved it?

I539 can be notoriously slow and unpredictable. Last year my wife's TD was approved in a month, she got her approval notice but the online status stayed 'pending' for ever... Go figure.
 

kepu

Registered Users (C)
Yes,in my wife's TD case,:( I've been waiting since June'08 and still I did not get it.??? Now,what will happen if I wants to get my New TN this month with some other employer???:)
 

nelsona

Registered Users (C)
her TD application is still valid, since it only depends on your having TN -- ANY TN.
 

LuciDreamer

Registered Users (C)
Just checked the status of my wife's pending TD application after we sent another letter recently asking to withdraw the case. Now the status was udpated to:

Application Type: I539, APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS

Current Status: Withdrawal Acknowledgment Notice Sent


Again, many thanks to Nelsona and others who suggested that I sent the letter to CIS to avoid the risky 'last action taken' rule situation. Really appreciate your feedback and sharing the knowledge, folks!!!
 
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