Help. Did I go OOS anytime?

K

kr4056

Registered Users (C)
Hi,

I had been working with a Consulting Company until April 2007 on H1 and after that I had to leave the job due to preganancy issues. Being a Desi consultancy, they didnt process my paychecks during my bench period. However they processed my paychecks for June and July in order for me to file I485 under my spouse. We filed for our 485 in August 14. I assume after filing 485 I really dont need to maintain the H1 status or I dont need to work for my employer anymore in order to be legally present in US. Recently (May 2008), I started working for another company using my EAD.

Do you think any time I was OOS during this entire process?. Thank you very much!
 
kr4056 said:
I assume after filing 485 I really dont need to maintain the H1 status or I dont need to work for my employer anymore in order to be legally present in US.
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That's correct.

Do you think any time I was OOS during this entire process?. Thank you very much!
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If you were paid during your bench period, then no. Even if you weren't, if it's an EB case it doesn't matter.
 
Thanks TheRealCanadian. I just want to clarify that my husband is the primary for the I-485 and I filed under derivative
 
In that case, your H1B status and pay stubs matter not at all.
P.S. It's AOS for Adjustment Of Status, and not OOS.
 
Thanks nj_skm. My question was particularly related to Out of Status since I didnt get any paychecks from my employer after July 07 and the H1 is avlid until Sep 09. . Please note that I filed my 485 in Aug and started working recently (May 08) on EAD for another company. My concern is during the period of Aug 07 - May 07, what was my status H1 or AOS?. If its H1, am I considered being OOS since I didnt work or got any paycheck
 
If you filed I-485, you are in-status ... however under the circumstances, your work status is not H-1. Only option is to use EAD.
 
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kr4056 said:
My concern is during the period of Aug 07 - May 07, what was my status H1 or AOS?.
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Since you were neither working nor getting paid, you were not in H1 status, but since you had a filed I-485 you were an adjustee and completely legal. Worry not.
 
kr4056 said:
My concern is during the period of Aug 07 - May 07, what was my status H1 or AOS?. If its H1, am I considered being OOS since I didnt work or got any paycheck
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Wait - I believe you have a typo and you are asking whether you were "out of status" between April 07 and May 07, correct? These were months where you were supposedly on H-1B but weren't getting paid, but had not yet filed I-485 (something you didn't do until August 07).

I suggest you contact the Desis at your former company and ask them to write a letter that you were indeed on some sort of sick leave, if that is indeed the case as indicated by your first post. If you had health reasons not to be able to work, and can document it in case USCIS asks (if not from employer than at least your doctor), you should be covered.
 
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jk0274 said:
I suggest you contact the Desis at your former company and ask them to write a letter that you were indeed on some sort of sick leave, if that is indeed the case as indicated by your first post. If you had health reasons not to be able to work, and can document it in case USCIS asks (if not from employer than at least your doctor), you should be covered.
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Why would she want to do that? She's covered under 245k so there is no problem.
 
TheRealCanadian said:
Why would she want to do that? She's covered under 245k so there is no problem.
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I hadn't thought of that - that's true. But 245(k) is for people who have actually fallen out of status for under 180 days, and I had read elsewhere that one will not have fallen out of status if under sick leave or maternity. If this information was correct, then she would not have fallen out of status in order to have the need to invoke 245(k) (which perhaps is a more comforting thought) - but you're right - I guess either way she's safe. Thanks.
 
Thank you all.
jk0274, The typo was Aug 07 to May 08, As I mentioned, eventhough I stopped working from May 1st 07, my desi consultant processed pay checks for the month of June and July for me to file my 485 with my spouse. (just in case)
Eventhough INS dont need my payhecks because I filed under derivative status. So I was without pay check only for May 07. And as soon as I filed my 485 in Aug 14, 07, I think it doesnt matter whether I work or not correct?. Because I have my adjustee status to support.
 
kr4056 said:
Even though INS dont need my payhecks because I filed under derivative status. So I was without pay check only for May 07.
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Just because you filed under derivative status doesn't mean USCIS won't ask you for proof of you maintaining your H-1 non-immigrant status. It's unlikely, but possible. In such a circumstance you give them what you have and mention you weren't paid in May 07 due to health issues. You then claim 245k relief in your cover letter, and problem solved.

And as soon as I filed my 485 in Aug 14, 07, it doesnt matter whether I work or not correct?. Because I have my adjustee status to support.
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You are correct. Adjustee status, by the way, is not based or "supported" by anything more than having a pending I-485. Whether you work or not is irrelevant.
 
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