AC21 - Future Job (no current job)

[longuito]

My situation is this:

My wife and I have H-1Bs, 2 sons both citizens (babies). My wife applied for the GC, we got already the I-140 approved and filed for the I-485 2 years ago, so we are just waiting for the approval. The problem is that my wife lost her job and is in the process of getting another one but she has not found any yet!

I never thought I would say this, but I am afraid the INS will approve the case soon (6 months) and my wife does not have a job yet. So I need some advise on the following:

a) Is there any chance my job (better-paid, similar category) can replace the requirement of her having a job?

b) If she does not have a job, but an offer letter for a new job as soon as the GC is approved. Is this enough for the INS?. This means she will have an offer for a future job, but no pay stubs yet.

c) What is the normal schedule when a case close to be approved? What do they do first? RFE (Job), Fingerprints, ?. I am trying to guess when should we be really worried about having a job.

Any advice will be greatly appreciated.

What to do?

 

[ginnu]

My situation is this:

My wife and I have H-1Bs, 2 sons both citizens (babies). My wife applied for the GC, we got already the I-140 approved and filed for the I-485 2 years ago, so we are just waiting for the approval. The problem is that my wife lost her job and is in the process of getting another one but she has not found any yet!
------she should get new job ASAP and she will have to use AC21
I never thought I would say this, but I am afraid the INS will approve the case soon (6 months) and my wife does not have a job yet. So I need some advise on the following:

a) Is there any chance my job (better-paid, similar category) can replace the requirement of her having a job?
------- NO, becase LC was filed for HER and I-140 was filed for her by her employer and then she filed I-485 based on her LC and I-140 YOU are ONLY derivative I-485, as saftey YOU should maintain YOUR H1 status and dont use EAD, did your employer also filed LC for you or ANY employer filed LC for YOU?? if not file as back up


b) If she does not have a job, but an offer letter for a new job as soon as the GC is approved. Is this enough for the INS?. This means she will have an offer for a future job, but no pay stubs yet.
------ it may create problems if she does not have job at the time of I-485 approval, she should find new job in same/simlilar skills and new employer should be ready to give her new future permanent job offer letter to use AC21
c) What is the normal schedule when a case close to be approved? What do they do first? RFE (Job), Fingerprints, ?. I am trying to guess when should we be really worried about having a job.
------ if I-485 was filed and you did fingerprints also and 15 months are passed after first finger prints then they will send you second FP notice before the approval of I-485 becase FP expire after 15 months, if they have any other concern then RFE will go to lawyer who filed I-485 for her

--- dont use the word WE a person canot understand for example post like this:
1 my wife is primary applicant, she got LC approved in XXXx, her I-140 is approved on dateXXX and she filed I-485 and my dervative I-485 was also filed with her I-485 on date XXX and service center is....
now the questions are:

Any advice will be greatly appreciated.

What to do?