Employment based Green Card Question???

[snifks]

Hello Gurus,

I am on H1-B filling my (AOS) (I-140/I-485) together for employment based Green Card. My wife is on separate H1-B(issued October 2006) but she does not have the record for pay stubs.

- I will be adding my wife when filling (I-140/I-1485).

- Is it going to create any problem for us at the time of interview about her job record (Like pay stub/tax e.t.c)?

- What should I do? Should she change her status to H4 or keep on her H1-B?

please advice your valuable input.

Thanks

 

[ginnu]

Hello Gurus,

I am on H1-B filling my (AOS) (I-140/I-485) together for employment based Green Card. My wife is on separate H1-B(issued October 2006) but she does not have the record for pay stubs.
---------------------- when did she got H1? when did she enter US on H1? if she came to US on H1 and employer has not paid her then she is out of status and if she is out of status less then 180 days then use 245(K) and file her I-485. if she was ready to work and employer did not find project for her then employer need to pay her, file complaint with DOL and they will recover her wages and employer will be fined. on H1 Bench or table is not allowed.
- I will be adding my wife when filling (I-140/I-1485).
-------------------you dont add your wife she has to file her derivative I-485 with your I-485
- Is it going to create any problem for us at the time of interview about her job record (Like pay stub/tax e.t.c)?
-----------------99% I-485 are approved without Interview
- What should I do? Should she change her status to H4 or keep on her H1-B?
--------- dont know full details of her case if she came to US on H1 or changed her status from H4 to H1 in US you need to give full details of her case and see a good lawyer .


please advice your valuable input.

Thanks

-----------------

 

[GCInThisLife]

I have a similar question. My wife came to US on H4 in Dec' 03 and H4 stamp was valid till sept' 06. She applied for H1B and got the approval from Oct' 05, but hasn't received the SS card till Mar' 06. She joined the employer in June' 06 with the personal letter to employer that she was joining 2 months late because of health issues. She has been working for the same employer since then and also haven't traveled abroad after H1B approval. I have filed I485 for myself and my wife this month. Though we do not think, we violated status anywhere, I would like to know if this kind of scenario would pose any problem during I485 processing.

 

[snifks]

Employment based Green Card Questions?????

-----------------

Thanks for your valuable input ginnu,

Here are more details of my wife:

- My wife enters in US on H1-B in last October2006. Till now(8 months passed) she didn't get any project. she was willing to work but the employer didn't find project for her.

My question are:
----------------

- Before filling derivative I-485 should she need to file complaint with DOL?

OR

- Can she file derivative I-485 and later file complaint with DOL when the query will come?


Your guidance will allow me to follow the right path

Thanks

 

[ginnu]

Thanks for your valuable input ginnu,

Here are more details of my wife:

- My wife enters in US on H1-B in last October2006. Till now(8 months passed) she didn't get any project. she was willing to work but the employer didn't find project for her.
---------------------------she is out of status
My question are:
----------------

- Before filling derivative I-485 should she need to file complaint with DOL?
----------------------YES
OR

- Can she file derivative I-485 and later file complaint with DOL when the query will come?

----better to file now ( keep the copy of complaint)
Your guidance will allow me to follow the right path

Thanks

Best option: if she has valid visa stamp and valid I-94 then go to Canada border give I-94 to Canada immigration when enter US get NEW I-94 and then file her I-485 with copy of her latest I-94 (front and bacK)
she can do the same going to Mexico border