Letter of status with 485

[singh123]

My attorney says that both my wife and I should submit a letter detailing our statuses in US. This letter will be sent with 485 application. I don't see a need for such letter on immi-help site. Is this letter needed.

Also, my wife helped test a website for a large company when she was on H1. The company paid her a stipend check of $150 and a pizza coupon. She cashed this check back home(not in US). Do you think this may cause a problem with 485. Also, I have received re-imbursment checks for traveling to job interviews. Does this also cause problems?

[immi007]

no

So far it is never seen to attach a letter of the status with 485. But if your attorney insist, this is not a big deal, just list out your entry/deaprture record, and yuor I-94 wil tell you the status.

As far as the checks, or reimbursments are concerned, nothing is to be reported separately, so there is nothing to worry about that. Since your wife got paid when she was on H-1 (and not on H-4) it should be fine, but it does not make sense to be on H-1 and get $150! (was there a typo in your post?)

[singh123]

Re: no

My wife got $150, but this was from a different company.
(She was on H1 for a different company). She cashed it back home.
It was a stipend check for checking out that company's website.

[baikal3]

Re: letter of status

The official list of requirements for filing I-485 is given at the INS site in I-485 instructions:

www.ins.usdoj.gov/graphic.../i-485.htm

Thy do not explicitly require attaching a letter explaining status. For example, I filed I-485 by myself and did not provide such a letter. I attached copies of my H1 petions, F-1 I-20 forms etc.
I was approved with no problems.

However, many lawers do require a letter listing in chronological order when and which status you held. This is done for clarification purposes and is not a big deal. If your lawer wants it, then do it.

Being reimbursed for travel and accomodation expenses related to job and conference talks is perfectly fine for an H-1 holder.

However, your wife should not have accepted that "stipend" of $150. Strictly speaking this is not allowed. This "stipend" is just a euphemism for payment to her for the service she provided to the company: testing their web site.
In my opinion this qualifies as unauthorized employment.
However, in reality the risk of INS ever finding out about this is very small (unless you tell them yourself, in which case they might choose to be anal about it).

[immi007]

pay

As baikal3 said, you shouldn't have got ANY kind of reward from the co. which does not hold your H-1.

It doesn't matter where you cach the check, but did your wife get the W-2 or is it anyway reported to IRS on the tax form? If yes, then you need to use 245(i), pay $1000 fine (for $150!) to get the 485 approved.

[singh123]

Re: pay

She did not get W2 nor was it on a tax form. I guess then we are fine. However, I am trying to get a copy of Labor certification that was approved when I was working for my previous company. (I am filing 485 with my present company's LC).

Say in the worst case I have to file with 245(i) (previous labor cert) or pay $1000, can this be done at a later stage too, i.e.I file 485 and send 245(i) docs later. Like say the INS sends an RFE. Thanks.

[immi007]

yes

that should be possible. If you never had W-2, it seems you are ok.