I-485 filing issues - paystubs

J

jayanutts

Registered Users (C)
Hello Experts,
please advice regarding the issue that I furnish below.

I came to US before 4 months back on a valid H1(till 2006) and am currently in Bench, since My employer is yet
to find a project in the same area where my husband lives.
Hence, I don't have any pay stubs.
In this scenerio, Iam to include my details to I-485, as a dependent to my husband's status.
My Husband has already filed his I-485 11 months before.

I need all sort of advice for..
1)Will there be any trouble in filing my I-485 as a dependant with my current H1 status?
2)Will I be queried for any pay stubs to be submitted?

I also read from our forums, that even if we want to change the status to H4 from H1, we might be queried for the
pay stubs..

Shall appreciate for any sort of valuable help.

Thanks in advance,
Jaya
 
Last edited by a moderator:
jayanutts,


1)Will there be any trouble in filing my I-485 as a dependant with my current H1 status?

my opinion: I do not think so as long as your present employer can show on paper that either you are on unpaid vacation for 4 month period ( indiarectly proving that you are in status by some written means ) or you may produce some pay stubs back .

For dependant 485 filing your husbands salary should able to cover dependants/your expenses that affidavit he needs to give.So his salary should be considearby good.

2)Will I be queried for any pay stubs to be submitted :

>> depends upon the situation. But be preparded . Consult good lawyer .
 
kash777,
Thanks for the stated opinion.
I would be really thankful for anybody who have really undergone filing I-485 for their spouse on H1 status, could let me know for the exact procedures...

Kash, Thanks for your time.
 
my spouse is holding H1 .and our 485 is pending ( i am primary ) However we maintained ead card status inspite of H1 also . I am not sure when your spouse had filed 485 how your name left out and did not included ?
another query is how you have been remain quite for almost 4 months ?
If this is the genuine query from INS then better think/sort now as even you decide to apply for your 485 after your spouse 485 approval then also one need to be in status in order to consider to file your 485.
 
one more opinion I can think of is leave the country and get the H4 stamp from your home country then you will able to enter on H4 automatically then I do not think that any one will ask you for pay stubs or any other question . Think on this . so that there will be no question to leave US ,go back and get H4 stamp then return and include your name on 485. Again consult good attorney.
 
Jaya,
I know one of friend has similar case like. His wife on H1 visa, was not working for almost a year and no doubt she was out of status as she doesnt have any paystubs and my friend wanted to file 485 for himself and his dependents. He contacted lawyer and lawyer suggested his wife to get H4 stamped in US consulate in Canada before he files for 485 for whole family.

Now his wife has h4 stamped in PP and everyone got receipt notices for 485.

You might want to contact good lawyer and seek advise on your issue. Hope this helps. Good luck.
 
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