TD Initial review

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field3d

Registered Users (C)
I have a TN since 1 year off course my wife TD too, now on this year when the renew was, our attorney suggested us fill the extension form to have the same I94 numbers for one year more off course that extensions don't let you go out of USA, now the problem is this:

My TN renew was ok all approved and actually I have my new I94 but my wife TD had a little trouble:

The secretary of the attorney forgot give to my wife a form to sign then when all paper was sent ucsis return the papers to sign for my wife and send back, here is when my wife TD was separated from my process, now this have since April 1 and the only thing we received is a receipt of the I539 status from uscis and if you check the status on uscis page since that date is no change say Initial review and is freeze there.

Now the problem is our I94 and both Visas expired on May 1, now like I said you my Visa is ok the renew until 2012 but my wife no, she has expired on both I94 and Visa now the lawyer said that is not a trouble because her process is linked to my process and the long time is taking this is for paperwork only on uscis offices.

We are worried because we see the Initial review status don't change and my wife actually is expired only have the receipt where say is in process but that receipt say clear is not an status now is there a way if my employee company or the attorney can claim this, do something or other paperwork? Because the attorney say wait and don't go both of us out USA, him say if we go out USA my main TN will lost, now my TN is not yet stamped because we are waiting only my wife TD, but really we want to know another opinion is for that we are here asking you I hope you can help with a little orientation and confirm if the attorney is doing the right process because almost has 3 months on Initial review the process and no change of uscis page and my wife TD is almost 2 months expired.

Thank you
 
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I did not read your post.
Apparently your enter key is broken.

How about cleaning up your post.
 
Your TN is approved and valid, regardless of any Visa. her TD process is ongoing, she is in TD-pending state.
 
Ok thank you we still waiting the only problem we see I'll need to stamp my H Visa that is approved too and is on October but like the TD is in process my wife can't go outside USA and if no TD on October we don't know what will happen to process the H for my wife at the same of time of the TD.
If she go with me outside USA to process our H's the TD process will be deleted and remember the visa from her is expired and her I94 too, the TD is an extension process for the same I94 number.
In conclusion if no TD in October we don't know if her can have problems for the 2 process at the same time and when will go out USA and deliver an I94 expired to immigration what kind of problem can be this?
Someone know something about that?
Thank yo for all
 
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If she leave US, she can get TD visa at border, but will need TD consular stamp.


It is not the fact that her TD petition that is ongoing that is keeping her in the US, it is the fact that she does not have a current consular stamp.

In any event, to return to US she will need either a TD approved and her old TD visa (entering on AVR), or she she will need to wait until your H1 is valid, and enter on H4 with a valid H4 stamp at consulate.

So depending on when she eneds to travel she needs to go to a consulate. The pending TD petition is unimportant once she leaves US,as she can simply enter on TD (or later, H4) with a consular stamping done.

Don't worry about the TD petition that is in process, nor do not worry abour her expired TD consular visa as long as she stays in US. Worry only about getting her a consular Visa if she needs to leave the country and come back.
 
Perfect then, I only will wait for October to obtain my H1B and go together with my wife on that dates to consulate for stamp my H1B and I suppose the H4 for her on the same appointment must be stamped too.
Thank you
 
Yeah we are Mexican both, but we have planned to go to Mexico City where the main TN was approved and the H1b approved paper say to go Mexico, City
Thanks for the help
 
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