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I am on H1B and my wife came with me on H4 . She applied for H1 in april 2007 and got her approval in end of september 2007. Meanwhile i filed for my 140+485 in August 2007 with her still on H4 becoz she had not got her H1 approval till then. She got her H1 petition and applied for ssn which she got in october 2007 She reported to her employer but they have not been able to place her on a job till date. They have not generated any pay stubs for her for Oct Nov Dec 2007 and are also not giving her a W2 stating 0$.
Is it okay to ask employer to generate a backdated pay stubs or ask for a sick letter with unpaid leave hence no paystub or w2 for Oct, Nov, Dec2007.
Plz note her I-94 is valid till Sept 2008 based on h4 in passport.
I am unsure what is her status ,has she already got into the adjustment of status loop coz of my 485 ? or is she on H1 and out of status coz of no pay stub?
Please advise asap.
Thanks in advance
PS: We have both received our EAD and AP however my 140 is still pending.
Is it okay to ask employer to generate a backdated pay stubs or ask for a sick letter with unpaid leave hence no paystub or w2 for Oct, Nov, Dec2007.
Plz note her I-94 is valid till Sept 2008 based on h4 in passport.
I am unsure what is her status ,has she already got into the adjustment of status loop coz of my 485 ? or is she on H1 and out of status coz of no pay stub?
Please advise asap.
Thanks in advance
PS: We have both received our EAD and AP however my 140 is still pending.
