status question please help

[shyamku]

485 filed concurently dec 2002.
myself and my wife had valid i 94 till 2005
holding h1 b with same company
my wife is not working. my company people told me that they are not going to cancel the h1
we have an letter from our company (dated sep 2002) stating that she is our permanent employee.
Question: is that letter ok for us maintain the status to cover the 3 month eriod between sep2002 to dec 2002(485 filed)?
kindly help me

 

[pralay]

If you are the primary applicant, then it should not be a problem. But I am not an expert. You should talk to attorney. Probably she should have converted to H4 and then apply I-485 as derivative H4 (certainly not a H1). But I believe there are still avenues to convert her in H4 (to save her GC approval).
If there is any RFE in future, letter dated Sep 02 is not going to help because INS needs employer's letter dated after RFE genaration date (In addtion sometimes they ask for tax returns etc). Secondly, not cancelling H1 visa does not mean that she is with a valid H1 status. Technically, the moment she is out of payroll, she is not in H1 status. If the employer wants her to keep as "permanent" employee, then they must pay atleast the salary amount specified in H1 application.

 

[shyamku]

thanks for the reply
i am the primary applicant
we started the labour process in 99
can she eligible for 245(i)
please suggest
right now we can't file h4 because we already filed 485 also we don't have the pay stubas long as the primary applicant holds h1 the dependant is also eligible for h1, is that right?
as a dependent she holds valid i94? is that not enough to file 485?
please help thanks

 

[SRM]

Velan,
Your questions are not clear. Let me try to understand.

You are on H1 and you are working for a company. Your wife is also on H1 working for the same company as you are.

You have a valid I94 which is very very good and is valid until year 2005.

Between sept and Dec 2002 you did not have paystubs? Is that what you are worrying about. If that is the case you worrying too much.

While you are filing I485 , If your's and your family's I94 is valid there is no problem at all. If one is not having a valid I94 then only they can use 245(i). This is my opinion . There are some knowledgeble people in this forum who might also address your issues.

Originally posted by velan1
485 filed concurently dec 2002.
myself and my wife had valid i 94 till 2005
holding h1 b with same company
my wife is not working. my company people told me that they are not going to cancel the h1
we have an letter from our company (dated sep 2002) stating that she is our permanent employee.
Question: is that letter ok for us maintain the status to cover the 3 month eriod between sep2002 to dec 2002(485 filed)?
kindly help me