485 processing for a dependent

[ins_waiter_waiter]

Hi

I am posting this question on behalf of my friend.
She is on H1B visa but on bench for the past 18 months.
Recently she applied for 485 as a dependent with her
husband. Also her employer renewed the H1B visa about
6 months back but still she is on bench. A situation like this
likely to cause problems, if any, in 485 approval? Another point to
note is that she has never been out of status on H1B visa.

Any help would be greatly appreciated.

Thanks

 

[ss321]

Usually there is no problem, but...

Usually there should be no problem as long as she (the dependant) is in status for the time she stayed.

And also you didn\'t mention whether she was paid or not during the time she has been on the bench.

If she hasn\'t been paid, then there might be a problem. Because some times INS asks the tax filings of the previous 3 years for both the applicants. (In our case our lawyer asked).
In any case lawyer will tell you, well before you file your I-485.

 

[PCee]

No Title

To be on H1 one need to work full time and need to be paid at minimum the salary specified in the H1 filings. If your friend is on H1B and from past 18 months if she is not paid or not paid properly then it could cause some probelm! For example, the attorney may choose to not to include W2s at the time of filing for AOS, but later your friend may get an RFE for W2s and pay stubs then she is in trouble. By the way if company rules allow one could stay on loss of pay though! People say that if a new job is not found then it is better to switch back to H4 (by filing for H4 or going out of the country once and coming back on H4) instead of continuing on H1. It is better to contact a good attorney about this matter.

Good luck
PCee