Change of Nonimmigrant Status (P1 to TD?)

[JJAT 0]

Hello all, hopefully this is the right thread, apologies if it’s not. 
 

So my wife and I are Canadians living in the US. I am working under a P1 visa, and she is working under a TN visa. My P1 visa expires at the end of the year and my contract was not renewed/I was not able to find another contract to extend my P1. As such, I need to change my status as my Admit until Date on my I-94 is about to come up. For now, I want to fall under my wife’s TN visa (I think it would be a TD visa) to continue living here until I can find another contract/different job and then apply for a work visa at that point. 

 

So my plan was to drive to the border and flagpole around to change my status. Is this an option? Or is my only choice to file a I-539 from within the country and pay the (approx) $450? If flag-poling is an option, would I need anything else besides 

• Proof of
  Canadian citizenship;
• Proof of
  relationship to the TN
  nonimmigrant, such as a marriage certificate or birth certificate;
• Photocopies of the TN
  nonimmigrant's admission documents; and
• Proof the TN
  nonimmigrant is maintaining his or her TNnonimmigrant status. 
   

Lastly, the part that confuses me is as a Canadian, I see I don’t need a TD, so this is something I need to actually do? I think I do just to change status but technically I wouldn’t need a TD? Not sure if that makes sense… 

 

I appreciate any advice or input on this as I feel it is a unique circumstance. TYIA

[OldUser 6,981]

This is forum about Adjustment of Status. Adjustment is about switching from non-immigrant to immigrant status (permanent residence).

 

If I understand correctly, you're asking about changing one non-immigrant status to another non-immigrant status.

 

All I know is it takes much longer to get decision on I-539 than it used to. By the time you get decision, you may be out of status. I highly recommend leaving and re-entering the US with new status instead of attempting to change status in the US.

 

Another thing I noted, you mentioned "living in the US". Be careful with using language like this with CBP. You cannot have immigrant intent when coming to the US on temporary non-immigrant status.

Edited 5 hours ago by OldUser

[Ontarkie 14,306]

~~Moved to Work Visas, from AOS from W,S & T Visas- the OP is asking about being under his wife's TN visa~~