Changing from L1 to TD status

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rsargant
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Joined: Wed Jan 18, 2006 1:37 am

Changing from L1 to TD status

Post by rsargant » Tue May 03, 2011 11:06 pm

Hi,
My wife currently holds L1A status but will be resigning from her job (effective mid july). I have TN status so our plan is to file form I-539 requesting a change of status from L1A to TD.

My question is would it be better to file the I-539 a couple of weeks before her last day (hoping it will be approved shortly after her last day since TD can't work) or just file the I-539 immediately after she stops.

The timing is awkward because I don't want her to be switched to TD until after her last day but also don't want her to go out of status because she has stopped working.

nelsona
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Post by nelsona » Wed May 04, 2011 6:49 am

The only correct way is to file for TD on the day she stops working.

Have all the paperwork ready and drop in mail the night before her last day, or e-file that morning.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

rsargant
Posts: 154
Joined: Wed Jan 18, 2006 1:37 am

Post by rsargant » Wed May 04, 2011 7:40 pm

Is it possible to just request a specific "effective date" on the I-539 ?

I'm concerned that filing after she has quit would be considered an untimely filing since her L1 status is dead .

nelsona
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Post by nelsona » Thu May 05, 2011 7:36 am

No, you cannot request an effective date.

File as I said. File the night before if you wish. This is not a big deal.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

rsargant
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Post by rsargant » Thu Jun 02, 2011 11:54 pm

OK. It turns out we are going simplify the proces by having her make a visit to Canada. She wants to visit family anyway.

Will she have any issue being admitted under TD at the border if she is carrying all my TN "paperwork"

nelsona
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Post by nelsona » Fri Jun 03, 2011 7:48 am

A good CBP will ask her how long she was out of work, if it is less than a couple of weeks she will be fine.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

rsargant
Posts: 154
Joined: Wed Jan 18, 2006 1:37 am

Post by rsargant » Sat Jun 04, 2011 9:53 am

Thank you again.

We are planning the trip around her last day. Her last official day on the payroll will occur while she is in Canada and she will re-enter a few days later.

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