Need Advice

[waitingEB2]

My PD date is Dec 2007 EB2. I got I-140 approved in 2008. My salary was above prevailing wages from 2006-2008. But due to some economic and personal reasons in the last two years my salary was below prevailing wages (2009-35K and 2010-45K). This year (2011) it is now back upto the prevailing wages. Everything else is fine. Now what are my chances just because of salary reduction my I-485 getting rejected. can I show that I was on unpaid leave?? really nervous about this. any guidance would be highly appreciated.

[waitingEB2]

I read somewhere that Leave of absence (LOA) does not jeopardize your H1B status and I-485.

[JJcalifornian]

Doubt on out of status

Myself and my spouse got our H1b/H4 extension on Sept2011, On Nov 2011 my spouse got her H1B approval through a consulting firm, but she didn't start going for job as it didn't realize so far, for the same reason they are not running payroll. On Feb 2012 and we applied I485 AOS and employer's lawyer put her current status as H4, we were told her status should be H4 as she is not on payroll.Now we got EAD and planning to take a job which may realize in near future. Question is

as she didn't get pay stubs is she out of status by now ?

if she is out of status due to not running payroll on H1B (based on the last action rule) what could be the reason for the lawyer telling us her valid status is H4?

if so is there a way we can visit to consulates in Mexico or Canada and renter using her H4 extension papers that way automatic re validation would kick in ?

Is there any issue to use EAD to apply for a job?
Thanks much Kanmani, Suninpx,Tatikonda,

I spoke to an lawyer different from the employers' one, here is the answers came out, I think it would help some one in future.

as she didn't get pay stubs is she out of status by now ?

Yes, she is on H1 and out of status.

if she is out of status due to not running payroll on H1B (based on the last action rule) what could be the reason for the lawyer telling us her valid status is H4?

Lawyer was wrong.
if so is there a way we can visit to consulates in Mexico or Canada and renter using her H4 extension papers that way automatic re validation would kick in ?
It's not applicable as she is out of status she won't be eligible for AVR.

What are the options available ?

As she was able to apply for I485 AOS and EAD approved she can stay here or work as long as I485 AOS decision arrives. She can travel out of the country and come back in with AP. If I485 got denied in future she should go out of the country immediately and can come back on H4 if I' have valid H1.
At the time of adjudication if there is an RFE due to her out of status, she could make use section 245K which gives forgiveness for out of status stay for up to 180 days after a lawful admission. 180-day counting period commences on the date the alien’s status expired, is revoked, or is violated following the alien’s most recent admission, and stops as of the date the U.S. Citizenship and Immigration Services receives a properly filed adjustment of status application. http://www.asianjournal.com/immigrat...ality-act.html

Another option to make use of nunc pro tunc which I was told it's not a good case to do that.