Which port of entry is best to switch TN categories?

Actually this is a two-fold question. First, does anyone know which POE has the best success rate for TN category switches? Second, my wife is Peruvian....how best to get her new TD visa when my new one is approved? (We live in Los Angeles.) In other words, can we both process our TN/TDs at the POE or does she HAVE to do it at a US Consulate or Embassy outside the US??
Thanks!

Patrick

There aren't any statistics I'm aware of, based on the posts on here subjectively it looks as though Edmonton and Calgary airports give people the least hassle. But it can depend on which specific CBP guy you get and what mood they're in, that's true of any POE. Also depends on your application and how straightforward it is.

If it's really straightforward, given the situation with your wife you might want to try and simply get your new employer to file an I-129 for you.

I have to say your question about your wife is a good one because the CFR and the field manual don't seem to say anything about this situation at all other than that their status expires when your status expires. However that doesn't answer the question as to whether they need to get an entirely new visa if their current TD visa hasn't expired and you're applying for a new TN-1. Obviously if she was Canadian it wouldn't be an issue.

I'm surmising (and I may be wrong) that if your new employer files an I-129 for you, she doesn't need to do anything, because she doesn't need to re-enter and she's still in the same category and it's derived from the status of the same person. If you leave and re-enter though she may need a new one. Really this is a question that only the consulate that issued it can answer.

Thanks, Steve. We've settled on San Ysidro, near San Diego at the Tijuana border. Being in LA, there is no reason for us to venture into mainland Canada, the Peace Bridge or even Pearson airport, for the flight cost reason alone. My new job is in San Diego, so it's, uh, hard to beat geographically My TN switch is not a slam dunk but I am confident it is a sufficient, solid fit, and will present myself that way in the interview if it comes to that. My wife can then simply apply through a service center (by mail) for an extension of the I-539 (TD visa). She'd be limited only by the fact that she can't travel outside the US until that puppy gets back approved.

If anyone has additional thoughts/devil's advocate challenges, now'd be the time!

Thanks again Steve for your input.

Her TD status expires as soon as you leave and give it up, so I don't think leaving her behind is an option, but like I said you really need to check with the consulate. This is a bit of a grey area because on TN-1 you can change jobs frequently, which is not the case with other non-immigrant work categories, so usually the status of your dependents doesn't come up that often.

All the CFR says is this:

(j) Spouse and unmarried minor children accompanying or following to join.
(1) The spouse of unmarried minor child of a citizen of Canada or
Mexico admitted in TN nonimmigrant status shall be required to present a valid, unexpired nonimmigrant TD visa unless otherwise exempt under Sec. 212.1 of this chapter.
(2) The spouse and dependent minor children shall be issued confirming documentation (Form I-94) bearing the legend "multiple
entry''. There shall be no fee required for admission of the spouse and dependent minor children.
(3) The spouse and dependent minor children shall not accept employment in the United States unless otherwise authorized under the Act.

Which seems to say that if her TD visa is still valid she doesn't need a new one, but I'd check with the consulate to make sure. So it may be just as simple as you both leaving and re-entering at the same time.

As a practical matter she'll have to leave to get a new I-94 which is co-terminus with yours, otherwise it will expire before yours does. But obviously she won't be able to re-enter after her visa expires, so on that basis it might be worth getting a new one if you plan on travelling outside the US.

The other alternative is for the employer to file I-129.

Hi Padraig,

I am changing employers and hence, I am planning on going to Tijuana/San Ysidro border crossing also to get a new TN, since it's closer to me.

How was your experience at this border? Did you make an appointment before going there?

Your feedback is appreciated.

Thanks.