H4-H1-485 issue

[agastya]

I came to U.S on H4. I got divorced in May 2004(last week).
My I-94 was till April 2005. I had my H1 which started from October 1, 2004.
I started my job at the client side from Dec 8 2004.
My employer as per his policy paid me on Feb 1 2005.

I thought since I have my I-94 till April 2005 and since I had my H1 starting from October I would be fine . I'm concerned about my H1 as I didn't start working till Dec 8 2004 and I got my pay only on Feb 1, 2005 .

Since I didn't have any pay stub/check in 2004 I didn't apply for taxes in 2005.

Also I never left the country so far.

Will there be any issue in my 485 processing?

Please advice me .Thank you

 

[mmed]

I came to U.S on H4. I got divorced in May 2004(last week).
My I-94 was till April 2005. I had my H1 which started from October 1, 2004.
I started my job at the client side from Dec 8 2004.
My employer as per his policy paid me on Feb 1 2005.

I thought since I have my I-94 till April 2005 and since I had my H1 starting from October I would be fine . I'm concerned about my H1 as I didn't start working till Dec 8 2004 and I got my pay only on Feb 1, 2005 .

Since I didn't have any pay stub/check in 2004 I didn't apply for taxes in 2005.

Also I never left the country so far.

Will there be any issue in my 485 processing?

Please advice me .Thank you

Some confusion here. How May 2004 is last wek? any how, some points may not answer all questions
1- Having H4 and I94 is because you are a dependant of H1. If final divorce happened this status will be dropped and even if there is time left on the H4 and I94 has no meaning and theoretically the status is expired at the day of the divorce documents finalized.
2- If you stayed after that day, without new status (like the H1 you did), you will be out of status even if the H4 and I94 looks not expired
3- It is the USCIS approval day of the H which will put you in legal status from that day, not the pay check issue date or the job appointment date or any thing else.
3- The adverse effects on your I485 will depend on the duration between the divorce day and the day of approval of your H1 (less than 6 months, may be not big deal, more than one year is a big problem)
4- I assume you are talking about I485 related to your GC application (not related to ex spouse application) because again, by final divorce, your rights for your ex spouse benefit as dependant does already not exist anymore after divorce. The story is different if the GC already approved and divorce happened after that, this has no effect on the dependant’s GC.

 

[number30]

I came to U.S on H4. I got divorced in May 2004(last week).
My I-94 was till April 2005. I had my H1 which started from October 1, 2004.
I started my job at the client side from Dec 8 2004.
My employer as per his policy paid me on Feb 1 2005.

I thought since I have my I-94 till April 2005 and since I had my H1 starting from October I would be fine . I'm concerned about my H1 as I didn't start working till Dec 8 2004 and I got my pay only on Feb 1, 2005 .

Since I didn't have any pay stub/check in 2004 I didn't apply for taxes in 2005.

Also I never left the country so far.

Will there be any issue in my 485 processing?

Please advice me .Thank you

Is your employer is giving you the employement start date as 1-Oct-2008?
The problem is you went out of staus onethe day you got your divorce. You loose the validity of the H4. If it is less then 180 days you can get the 245 K benifits.

 

[agastya]

Thanks for all the responses.
I'm talking about EB 485.
My employer may give me a employment letter from Oct 1 2004 but I didn't start working till Dec 8 2004. Should I not have pay stubs from Oct 1 2004 ,W2 for 2004 if my employer gives me letter from Oct1?

 

[agastya]

I got divorced on May 25 2004. It will be 6 months on Nov 25 2004.

I think if I have employment letter from Oct 1 2004, I should have pay stubs from Oct 1 2004, then I should have w2 for 2004 .As I started working from Dec I don't have w2 for 2004.
If pay stubs are not needed then I can get employment letter from Oct 1 2004.
If I have a employment letter from Oct 1 2004 and pay stub from Nov 6 2004 will it be fine?
I think I can get a pay stub from Nov 26 2004 that should leave with exact 6 months out-of-status.

Is your employer is giving you the employement start date as 1-Oct-2008?
The problem is you went out of staus onethe day you got your divorce. You loose the validity of the H4. If it is less then 180 days you can get the 245 K benifits.