I-485 filing question - Please help...

[modernwarrior]

Hello All,

Need some guidance on this situation...

I was working on H1B and due to the economic downturn, was laid off by client company.

My employer- Company A cancelled my H1b visa within a month of me being laid off. Before Company A sent the notice to cancel to USCIS, company B filed for my H1B transfer.

Company A I-94 was valid till Sep 9, 2009. They cancelled my visa in May 2009.

Company B filed in May 2009. The I-94 was approved from Sep 10, 2009 to end of 6 years on H1B.

My approval notices have continuous dates for I94 validity with no gaps.

Even though Company B filed for my transfer, I was not able to start working for them till after a few months since the job market was bad. Hence I do not have paystubs from May 2009 till end of year 2009. I do realise that I have to be continuously paid while on H1B to maintain status, but had no option.

W2/tax documents are not on the list of required documentation for I-485, so is there a possibility that my I-485 will be approved without any issues?

Can somebody please guide me on how to handle this situation since I will be filing for my I-485 soon.

How will this impact my I-485 application?

Please help...

[pontevecchio]

You could get lucky. I would suggest involving a Lawyer to cover your bases in case things go south.

[modernwarrior]

Thanks Pontevecchio.

What is a safer option in the above scenario..AOS or CP?

Is there any impact of employer A cancelling my H1B on the I-94 validity? Employer B had filed for H1 transfer before the cancellation notice was sent by Emp A. USCIS approved emp B's H1 petition from the end date of emp A's I-94...hence my question.

Please help...

Is AOS or CP recommended?

[modernwarrior]

Can somebody please help...

Attorneys...any advise, opinion...please help. Thank you.

[pontevecchio]

Please discuss your specifics with a Lawyer proactively. After all you are in the firing line.