H1 -B visa with I 765, I 864

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Hi,

I am on Valid H1-B visa and got married on march 12 2007, my wife is USC, I applied i-130 earlier, as I didn't know that i could apply I-485 and I-130 togather. So now application I-130 is in processing. My question Shall i wait for I-130 approval or Shall I go ahead and apply for I-485.

My other question is my employer is a Consulting Comapany and right now i am on bench looking for project its been almost 3 months. will it be problem. As my company said they can't provide me Salary letter right now and i Can't get Pay stub's for last 2 months paychecks because i didn't recieve any. But my wife she is working, her salary is enough to support both of us according 864P guidelines. So can she Sponser me in this case. and

in the 864 form . do i have to mention that what is my salary , as i have to sate that i am on H1-B visa.

one more question about I-765 in column 11 where they ask

Have you ever applied for employement authorization from USCIS, is ut YES/ NO in my case.

Please let me know if anybody can answer these.

Thanks

[no name 1]

Don't know about your I-864 question, but I am thinking yes.

Please look here: http://www.visajourney.com/forums/index.ph...p;page=otheraos

[Dr_LHA 3]

Hi,

I am on Valid H1-B visa and got married on march 12 2007, my wife is USC, I applied i-130 earlier, as I didn't know that i could apply I-485 and I-130 togather. So now application I-130 is in processing. My question Shall i wait for I-130 approval or Shall I go ahead and apply for I-485.

You can go ahead and send in the I-485 now, you just need to send them the receipt notice for I-130 you received as proof that it is in process.

My other question is my employer is a Consulting Comapany and right now i am on bench looking for project its been almost 3 months. will it be problem. As my company said they can't provide me Salary letter right now and i Can't get Pay stub's for last 2 months paychecks because i didn't recieve any.

Well strickly they only require tax returns to prove income level.

But my wife she is working, her salary is enough to support both of us according 864P guidelines. So can she Sponser me in this case. and

in the 864 form . do i have to mention that what is my salary , as i have to sate that i am on H1-B visa.

This is correct. Your wife has to be your I-864 primary sponsor, regardless of what you earn. If she earns enough to cover the poverty line, then just use her income only on the I-864 and you'll be fine.

one more question about I-765 in column 11 where they ask

Have you ever applied for employement authorization from USCIS, is ut YES/ NO in my case.

The answer to this question is NO.

BTW - I also adjusted through marriage from an H-1B.

Edited June 22, 2007 by Dr_LHA

[Dr_LHA 3]

I should have said, send in a copy of the I-130 receipt notice.