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  • TD Visa Extension

    I am an Indian citizen and currently in US on TD status - expires on April 25, 2019. Wife is a Canadian citizen and works on TN status - expires on September 10, 2019. We are located in Texas. I am planning to submit I-539 to extend my status to match my wife's I-94 expiry date. I have following questions/concerns regarding this process as well as our options in this case.

    1. USCIS website shows processing time ranging from 7 -15 months for I-539 applications. In this case, what would happen with my status? Do I become "out-of-status" by the time Sep 10 arrives as we will not have any decision on the I-539? Is premium processing possible for I-539?
    2. Is it possible to include my I-539 with my wife's I-129 to extend her TN status? Is the premium processing possible for such an application? What is the earliest we can file such an application in our case?
    3. If my wife's employer does not file I-129 by Apr 25, what happens with my status till September? Also, when we file a joint I-129 and I-539 in Aug or Sep time-frame, this will result in multiple I-539 for me with "Pending" status, is this allowed? Will it have any negative impact on my status and our joint application?
    4. If my wife decides to change her job in the current situation and file I-129 for a new TN visa with another employer, will it work the same way as extending TN with her current employer? Does this result in any status risk for me? We would not be able to get out of country and use the port of entry option as I am an Indian citizen with no visa for Canada and would avoid going to India at this stage to get a new visa.
    5. Where shall I send the I-539 application for extension of status? USCIS is very unclear on where to file such applications for TD visa. My wife's original I-129 was sent to Vermont SC.

    Thanks in advance.

    Kunal
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