To 485 File


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Mine is EB2 case with PD very close to be current and my 140 also approved in 2008.

will any of these can be an issue to file 485 ?

1) My wife switched from H4 to H1 in 2008 received payslip for DEC-2008 and W2.

From jan /2009 - may /2009 she was out of project no pay slip switched back to H4 from same company in june and received the approval in couple of months.

In 2010 she travelled to india and got the stamping and returned US.

is she considered out of status any time ?

2) My EB2 petition salary is 80k.

My current H1B LCA is 72 k,

all these years (2006-2009) my w2 are in the range of 80-90k,

because of break in porject for couple of months in jan and feb/2010

my company maintained salary of 60k(i.e 5k/month) to compensate the extra payment

in jan and feb,from july on words they agreed to make more payments as per H1B LCA.

3) Does it matter to be on project at the time of filing 485 ? is it ok as long as employer

pays me on bench.

Appreciate all your help.

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