Husband I-485 pending

[LondonDesi]

I got my green card couple of days back. However, my husband's I-485 came out with a request for evidence. The green card was applied through me and he is a deravative. The evidence they requested were already sent to uscis and they acknowledged that they received it.

Do deravatives have problem getting their GC even if the primary applicant gets the green card. Please let me know what are the possibilities? Would uscis inquire about my employment and pay stubs?

[DMX17]

What was the RFE for?

Why are you worrying about your employment and pay stubs?

[LondonDesi]

RFE was for my husband's current status which is F1. We already send them his I-20, I-94 and a letter from the International students office stating he is in good status.He is on student visa and just got his EAD through me but we are stuck with the I-485.

I am worried about my pay stub because I have been with no project for the past 7 months. And if uscis ask for it both my husband and my GC would be at jeopardy. Please help me with this?

Thank you for your response and suggestion.

[LondonDesi]

Can somebody please suggest something..............thank you so much!!!!!!!!!!

[txh1b]

How long has it been since you got the GC? For a derivative's approval, USCIS may not ask for your paystubs as it is irrelevant. But, you need to be working in the company that sponsored the GC for atleast 6 months since you got the GC for future benefit. Did they lay you off?

[DMX17]

txh1b and others,

Does being of an F1 status and, at the same time, filing an I-485 pose any problem?

[LondonDesi]

I understand that and I intend on being with the company for 6 months. Currently the company is looking for a project and it has been like 7 months. I got my GC couple of days back.

In my husband's case he is on F1 and we filed for adjustment of status through me as a deravative and he got his EAD. However his I-485 came back with an RFE asking for his I-20. We ahve already responded to it and uscis is reviewing the case.

Thanks,

[txh1b]

There has been a long wait for direction on this issue from USCIS. From what I have read, if a person has filed a 485 application, the person is technically not allowed back on F1 visa or status changes to F1 are not allowed after the 485 is in process.

There has been no definitive answer on if the person ceases to be on F1 status after a 485 is applied. Some law firm sites that I visited have said the person can remain in US on F1/Parolee status and if they travel, they have to return as a parolee and any try to enter on F1 will result in entry being denied.

[txh1b]

I understand that and I intend on being with the company for 6 months. Currently the company is looking for a project and it has been like 7 months. I got my GC couple of days back.

Thanks,

What was your status prior to getting the GC? Were you on H1b or working on EAD as a parolee? You probably know where I am heading.

[LondonDesi]

I was on H1b.

[txh1b]

I was on H1b.

Employer is supposed to pay you on a H1b all the time. That is the law.