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Gullu123

New Member
Hello everybody

This is my situation, I got my Labor cleared last week.
My wife and kid are in India with their H4 visas respectively.
I'm planning to get them before I apply 485.
My question is,I came to US last year and my employer had applied for my Green card and I was not placed in the job last year. So, I don't have my W2. I'm into job this year from January.

My employer is very co-operative and he is ready to apply for the next next two stages of my Green Card.

1. Can I apply for the I-140 and 485 conccurently without a W2
2. Do I have to wait until I get my W2 next april.

Hope I gave clear picture of my problem and an early reply from anyone is eagerly awaited.
 
Sure but you will have problems convincing INS of 3 things:

1. The company's ability to pay the offered wage. It will probably difficult to convince INS that a company that has had you illegally benched is able to pay the offered wage.

2. The availability of a job. You've been illegally laid off.

3. That you have properly maintained your H-1 status.

Some of these may not be issues if you did not arrive in the US till late last year (November - December)
 
Originally posted by Gullu123
Hello everybody

This is my situation, I got my Labor cleared last week.
My wife and kid are in India with their H4 visas respectively.
I'm planning to get them before I apply 485.
My question is,I came to US last year and my employer had applied for my Green card and I was not placed in the job last year. So, I don't have my W2. I'm into job this year from January.

My employer is very co-operative and he is ready to apply for the next next two stages of my Green Card.

1. Can I apply for the I-140 and 485 conccurently without a W2
Yes, Include recent pay stub from this year and employment letter, it's not required thing (to include w2 with I-140/ I-485 form) for eveybody, Anyway if you get REF next year you will have atleast one w-2 from this year.

GC is for future job, so w2 is only to prove you were in status all the time before applying for immigrant visa, ideally you were out of status last year when your employer didn't pay, but I think if you have project now and will last untill 6 months of your I-485, then you should be fine.

2. Do I have to wait until I get my W2 next april.

Hope I gave clear picture of my problem and an early reply from anyone is eagerly awaited.
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