I am a GC holder since 2007, and the I-130 petition for my wife was approved. My wife is working for an university, with H-1b/I-94 expiration date as Aug 17, 2010. Now her PD is current in August. I had everything prepared and am ready to send the I-485/I-131/I-765 package out this Saturday. Today, however, she suddenly got a mail from the Provost of her university, saying that her contract was ended in July 10, 2010 without any previous notice. Our urgent questions are:
1) Is there around twenty-days gap, right?
-Forget about it. No gap because USCIS can not tell it.
Will the I-485 application be still valid, since her I-94 expiration date is Aug 17, 2010.
-No problem at all.
2) Obviously, I include her most recent payslip (dated on Jul 23, 2010). When her application is under review, will the VO ask for more payslips afterwards? If we cannot provide them, does it mean our case is dead?
-Not need to provide this materials with the I-485 filing unless she gets the RFE later. The h1 approval notice and the I-94 is enough.
3) Her salary is based on 9 month academic calendar year but is evenly paid for 12 months. So potentially she will get another three payslips. If this is the case (I wish), but her current employer reports to USCIS about her contract termination date (07/10/10), what is going to happen?
-Forget it.
4) Can we do something to ensure the validity of my wife’s I-485 application?
-Nothing needed to do.
Greatly appreciate your helpful suggestions/opinions!
1) Is there around twenty-days gap, right?
-Forget about it. No gap because USCIS can not tell it.
Will the I-485 application be still valid, since her I-94 expiration date is Aug 17, 2010.
-No problem at all.
2) Obviously, I include her most recent payslip (dated on Jul 23, 2010). When her application is under review, will the VO ask for more payslips afterwards? If we cannot provide them, does it mean our case is dead?
-Not need to provide this materials with the I-485 filing unless she gets the RFE later. The h1 approval notice and the I-94 is enough.
3) Her salary is based on 9 month academic calendar year but is evenly paid for 12 months. So potentially she will get another three payslips. If this is the case (I wish), but her current employer reports to USCIS about her contract termination date (07/10/10), what is going to happen?
-Forget it.
4) Can we do something to ensure the validity of my wife’s I-485 application?
-Nothing needed to do.
Greatly appreciate your helpful suggestions/opinions!
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