Regarding 140 and 485 suggestions required.

[neha]

All,

Your suggestions are required.

I applied for labor on January 19 2002, it got cleared on April 2004. Because of the bad economy I did not get job for 9 months in 2002, but latter on I am in pay roll. But right now lawyer says, when I am applying for 140 and 485, there will be problem to get GC because 2002 you’re not in payroll. So any body can give suggestions what I need to do next. I am saying to lawyer, I am on unpaid vacation for these months, is it causes any problem.

Your suggestions are welcome.

Greatly appreciated your response.

Thanks
Neha

[immihelp]

You can't be not on payroll on H1 for 9 months. Essentially, you were illegal in this country for 9 months. If you leave US, you will have 3 years bar reentry into US. You can't even apply for I-485 in US.