I am in a big mess, please help me out. My lawyer is not at all co-operative. I got married and came with my husband to US in Oct'04 on H4.My H4 expired in Sep'05. Applied for H1B with a consultancy company in April 2006 and got H1B approved on Oct1st06. Since then they are unable to find a project for me, and I am without paystubs for past 8 months. This month my husband's PD for GC has become current, and he wants to apply our I485.That is when we talked to my company asking for my past paystubs as we did'nt know I was out of status. Now my company has agreed to pay me paystub for past 3 months(i.e.march,April,May) so that I am not out of status for more than 180days(oct-march).But the date of issuance of all the paychecks will be June1,2007. Now my questions are:--
* Will the paystubs for past 3mnths beneficial for my status even if they are issued on the same date June'07?
* Is there any way I can clear my out of status record before filing GC application with husband?
* I know one option is going to India and coming back on fresh H4, but I am afraid, it might not be approved because of my past status.
* Second option I was thinking is that I remain in US on my H1 and don't apply my derivative I485 with him, then after I get paystubs for next 6 months I 'll go back to India, get my H1B stamped and then add my application with him later(with clean record).how feasible is that?Is it possible for me to apply with him later even though I was not out of country?
*Thirdly, get another 3-4 months of paystubs and then go to India and convert H1-H4 and come back and apply with my husband.Will that be risky?
I don't know what to do? Please suggest me something?
P.S. My h1B expires in december 2009.My husband is NOT applying for EAD.
* Will the paystubs for past 3mnths beneficial for my status even if they are issued on the same date June'07?
* Is there any way I can clear my out of status record before filing GC application with husband?
* I know one option is going to India and coming back on fresh H4, but I am afraid, it might not be approved because of my past status.
* Second option I was thinking is that I remain in US on my H1 and don't apply my derivative I485 with him, then after I get paystubs for next 6 months I 'll go back to India, get my H1B stamped and then add my application with him later(with clean record).how feasible is that?Is it possible for me to apply with him later even though I was not out of country?
*Thirdly, get another 3-4 months of paystubs and then go to India and convert H1-H4 and come back and apply with my husband.Will that be risky?
I don't know what to do? Please suggest me something?
P.S. My h1B expires in december 2009.My husband is NOT applying for EAD.