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Posted on 21 Sep 2011
Q.

I-485 : derivative does not have pay stubs for 7 months

I am applying for I-485 as primary in EB2 and my wife as derivative. My wife was on H1B from October 1, 09 to Jan, 11 with employer A and after that with employer B. For about 7 months starting Oct 09 she was not paid and was not on project while with Employer A ,so has no pay stubs for that duration. She has pay stubs starting Jun 2010 until now and currently being paid. 1)Should she go out of country and come back to US on new I-94 using old employers valid Visa stamp to wipe out any "Out Of Status" violations. 2)If yes, Is it safe even if the Employer "A" may have revoked her H1 petition. 3)OR would you recommend staying in US and filling her I-485 as derivative and you don't see too much risk ? Please advice!

User's Location: Edison, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 21 Sep 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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