TD out of status

kimberlily
New Member



Joined: 10 Mar 2008
Posts: 3
Location: Caliornia

Posted: Mon Mar 10, 2008 10:14 am

 

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I think I may have a problem. My husband was offered a second job, which he accepted. His first employer had already filed extensions for his TN and TD for myself and our daughter. He was going to continue consulting for them on a part time basis.

He hasn't had any work from them since starting with the new employer, and he heard through the grapevine that the first company may have cancelled the renewal application. He has a valid TN with the new employer, but the TD for myself and our daughter have expired, meaning we're out of status. We were just going to keep the TD with the first company, so we didn't go with him to the border when he applied for the new TN.

To complicate things further, our daughter's passport has expired and we haven't received her new one yet. My understanding is that you don't need a passport to get a TD, but I don't trust the officers to have the facts straight since we've had problems in the past.

I'm guessing this is a big problem, especially if his original employer has, in fact, cancelled the renewal. That would mean that we don't get the grace period while the renewal is processed, so we should go to the border and get our new TD immediately. But will this be a problem at the border? I'm really worried that they will deny my daughter and I since we're now out of status for a month.

I just found this on another website (I can't post the link since I'm too new here):
“Technically, a dependent's TD status is not specific to an employer; rather, it is tied to your status. As long as you hold TN status, your dependents are entitled to TD status. Even if you change from one TN employer to another, you will continue to hold TN status so their eligibility should not change.”

Is this correct? If so, we should be okay after all, right?

If anyone has any experience with out of status TD, I'd really appreciate some feedback.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sat Mar 15, 2008 9:04 am

 

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Well if you're husband's TN is no longer valid with company A then you're TD status is no longer valid. Go to the border, it won't be a problem.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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