Status of beneficiary: AOS or CP?

[subbu55]

I need help in deciding if I should go for AOS or CP.
My spouse is on H1 but is not paid by company A since july 2001.
Company A has not cancelled his H1 visa and continues to look for an assignment for him.
Meanwhile company B filed for his H1 transfer in Aug 2001 and got the approval in Oct 2001. Company B has asked him to join from Feb 2002.
Assuming he joins B in Feb 2002, will there be any problem in our AOS or CP due to this gap in his employment/paystub. (Please note that I am the primary applicant and he is the beneficiary)
In light of the above, should I go for AOS or CP?

 

[Marta]

Read the following:

http://www.imminfo.com/imminfoftp/imminfo analysis 2.pdf

I just found the following answer given to you by a very good
lawyer - Mr. Gotcher. At the end you need to make your decision!

Topic: Status of beneficiary in AOS vs. CP (1 of 2), Read 37 times
Conf: Consular Immigrant Visa Issues
From: subbu55
Date: Thursday, January 03, 2002 08:51 PM

I need help in deciding if I should go for AOS or CP.
My wife is on H1 but is not paid by company A since july 2001.
Company A has not cancelled her H1 visa and continues to look for an assignment for her.
Meanwhile company B filed for her H1 transfer in Aug 2001 and got the approval in Oct 2001. Company B has asked her to join from Feb 2002.
Assuming she joins B in Feb 2002, will there be any problem in our AOS or CP due to this gap in her employment/paystub. (Please note that I am the primary applicant and she is the beneficiary)
In light of the above, should I go for AOS or CP?

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Topic: Status of beneficiary in AOS vs. CP (2 of 2), Read 29 times
Conf: Consular Immigrant Visa Issues
From: Ron Gotcher
Date: Friday, January 04, 2002 08:04 AM

It will not be a problem if you process overseas. It could, and most likely will be a problem if you do adjustment of status, since she has a large gap in her status.

Ron Gotcher
The Gotcher Law Group, PC
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403

Good luck!