Please repond: I485 - is it a problem if wife on H1B and missing paystubs?

[GCInThisLife]

My priority date is finally current (EB2, 1/2003) and now we can file for I485. Thank God!

My wife is currently on H1B. She came here on H4 and applied for H1B in 2005 and joined the employer and started on a project (another company) after getting S.S.No in 2006 (H4 visa stamp was valid till the end of 2006 - may be not important). Her project is coming to an end this month and she might miss pay stubs till she finds a new project as her employer doesn't pay on bench. She would be remain with the same employer while looking for another project.

Since I am the primary applicant, I need to apply my spouse as my dependent. So my question is, since she is on H1B, does she 'also' need to provide an employment letter and also does she need maintain pay-stubs till she gets her GC/EAD? What 'status' related documentation does she need other than passport with visa, I94, H1B approval notice and 3-yr tax returns (same as mine). The I485 check-lists posted online on several sites doesn't give any clue, so I am not sure if I can assume everything is fine.

I emailed my lawyer and haven't gotten any reply. I am sure many of you are in or had been on the same boat. Your response is appreciated.

 

[rcr_bulk]

Same

I am in same situation have you got any reply from you Attorney?

 

[ginnu]

My priority date is finally current (EB2, 1/2003) and now we can file for I485. Thank God!

My wife is currently on H1B. She came here on H4 and applied for H1B in 2005 and joined the employer and started on a project (another company) after getting S.S.No in 2006 (H4 visa stamp was valid till the end of 2006 - may be not important). Her project is coming to an end this month and she might miss pay stubs till she finds a new project as her employer doesn't pay on bench.
----------------- if not paid she may be out of status . Employer need to pay her, BENCH/Table is not allowed. Employer is supposed to pay her it is not her job to find project. If employer does not pay her send complaint DOL and they will recover her wages.
She would be remain with the same employer while looking for another project.

Since I am the primary applicant, I need to apply my spouse as my dependent. So my question is, since she is on H1B, does she 'also' need to provide an employment letter and also does she need maintain pay-stubs till she gets her GC/EAD?
------------------NO, she dont have to provide her employer letter or pay stubs, she will attach Copy of her valid I-94 (front and back)
What 'status' related documentation does she need other than passport with visa, I94, H1B approval notice and 3-yr tax returns (same as mine).
-------------------Valid I-94 and all the forms, BC, Medical, Fee
The I485 check-lists posted online on several sites doesn't give any clue, so I am not sure if I can assume everything is fine.

I emailed my lawyer and haven't gotten any reply. I am sure many of you are in or had been on the same boat. Your response is appreciated.

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

 

[GCInThisLife]

Thanks.

The checklist my lawyer sent asks for spouses visa related docs, I-94. I sent my initial set of docs to the lawyer today and included her 2006 w-2 and recent paystub also. Since the lawyer asked for mine, I included my wifes also and if it is really not needed, lawyer can discard. I am hoping my wife would at least get two more pay stubs and keep our fingers crossed after that. If we don't get a work permit after that, we need to talk to her employer about alternatives.

I read it on USCIS website (do not remember exactly address) a while back that H1B status is maintained as long as employee-employer relationship exists though employee is on vacation, sick or out of pay. I am not sure exactly what is included and what is not in this 'relationship'

I think, if there is no valid documented reason, we can file a complaint to labor dept and reclaim missing wages. My wife got her H1 in 2005 Oct, waited for her SSNo till Feb/Mar 2006 (started looking for projects only after SSN) and joined her first contract in June. Her employer asked her to send her a 'signed' letter that she was sick for 2 months. I assume with out which they are legally obliged to pay her since her SSN approval .