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485/AOS-out of status help!!

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  • 485/AOS-out of status help!!

    My wife's gc is in process. she is applying for I-485 & AOS in January. I'm on H1 but did not generate paystubs for 2003. I need to submit my W2 for my wife's I-485 application.
    Because my wife is primary applicant, will my being out of status, be a problem for getting my EAD?
    I have valid I-94 till 2005.
    Anything I can do to get back in status? I would greatly appreciate your inputs.
    Thanks.

  • #2
    My wife's gc is in process. she is applying for I-485 & AOS in January. I'm on H1 but did not generate paystubs for 2003. I need to submit my W2 for my wife's I-485 application.
    Because my wife is primary applicant, will my being out of status, be a problem for getting my EAD?
    I have valid I-94 till 2005.
    Anything I can do to get back in status? I would greatly appreciate your inputs.
    Thanks.

    Comment


    • #3
      If you have not worked, then you are no longer in H status. In fact, you are no longer on H on the day you no longer work. What status is your wife in? I guess they may want your W-2s as financial evidence (for affidavit of support purposes). Are you talking about W-2s for 2002 or 2003? 2003 W-2s won't come until January 2004. In any case, if your wife is the principal applicant and you are the derivative spouse (and you don't have W-2s for 2002), then you simply not submit them. You should submit 3 years of federal tax returns, however, whether you earned any income or not (in other words, not earning income is no excuse for not filing a tax return).

      Perhaps, you may want to clarify for us?

      Comment

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