do you people see any problems in this

[desiguyincali]

Hello everyone. Can you all please give me advice as what to do .I would appreciate if you can answer my question.

1.0 My wife used to work for XYZ and her last day of work over there was 31st december 2002.
2.0 In the mean while I contacted this consulting company ABC who filed for her labour certification for Green card and also for her H1B which was filed before 31st december 2002 so that she doesnt go out of status.

3.0 but then my wife didnt join the new company (ABC) as she was pregnent and wanted to take rest . Join in the sense is that she didnt do any project for them but she is presently on their H1. So we dont have any pay stubs from ABC.

4.0 Now her Labour Cert got approved and ABC is ready to file for her I-140 and 1-485 even though she is not doing any project for them now.

5.0 So my question to you is do u see any problems in this case regarding getting the 1-140 or i-485 approved? As we dont have any paystubs for her. The consulting company is willing to help in any way they can but then i am jsut worried that INS might come back and ask for her pay stubs or ask why was she not working.

I would really appreciate your help in this matter.

Thanks

 

[LCSilence]

She doesn't have to work for the sponsor company while the GC is in process. GC is for a future job. However, she has to be in a legal status when she files for I485. If she is not working she is out of status. But if the period is within 6 months(it seems so, since company ABC filed H-1B the end of last year), she should still be able to file 485.

 

[usnycus]

245(k) is a provision which allows an alien who has been out of status for less than 180 days to apply for EB-485 without paying $1,000 penalty.