I - 485 situation

cbarus

Registered Users (C)
Here is the situation with my sister-in-law.
1. Applied GC in EB3 in 2004 Feb through company A.
2. Got 140 approved in 2007.
3. Moved to company B (end client) and applied for 485 sometime in 2007. Did not apply AC21.
4. Got married in 2008 but could not apply 485 for spouse as the dates retrogressed.
5. She continues to be on H-1 and the spouse stay here on H4.
6. Moved to India in 2013 working for the same company but on Indian branch payroll.

Now that her dates might get current again shortly, I have the following questions.
1. She could come here in the next couple of months on her H-1 visa, join back the US office, get her biometrics done and submit when they request for one (may be in a month or two). If they ask for paystubs, submit the current paystubs.
2. Stay back on Indian payroll, come here on H-4, get biometrics done and submit them. In this case, if they ask for paystubs, she will only have the Indian paystubs. Would that be a problem?
3. Get biometrics done in India and submit from there.
4. Request for Consular Processing.

Any advice is greatly appreciated.

Thanks
 
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