Immigration Issues/Out-of-Status in US

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Question
Hello Sir,

Here is my situation:

I got my H1 approved in Oct 2007 and started working on it from Nov 2007 . I was on L1 Visa before and my wife was on L2. My employer did not apply for my wife's H4 Visa along with my H1 application.Now we applied for H4 COS on Jan 15th 2008 and the case is pending with uscis.we received her receipt number though.
my wife was out of status since oct 2007(as H4 was not filed).
questions:
1) Can we travel to Canada (Ottawa) to get our H Visas stamped?
2) will there be any issue regarding her being out-of-status at the embassy in Ottawa and what should we tell them to justify the same
3) Can we say that it is our employer's mistake which caused this problem
4) we were going thru couple of forums and learned that those who were out-of status in US are not eligible to apply in Ottawa. Is that true?
5) is it safer to go to Mexico than to Canada in our situation

Thanks in Advance Sir

Regards
Chandra

Answer
Chandra,
The USCIS is pretty liberal in approving H-4 petitions filed under such circumstances. If you had filed for your H-4 as a nunc pro tunc then the approval would cover the dates that she was out of status. In this event you can go to Mexico and Canada since she would have not been out of status during this period. But if the H4 is approved and does not cover the period she was out of status, it MAY create issues at the consulates in Canada. I would advise that you obtain the visa in your country.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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