-Sandeep

Hi,

This situation may have appeared before but I would appreciate any help
provided for my situation. Part of the post may not apply here but it is
connected to the second part of the post.

Was on H1b with Employer A from Sept 2006 until Jan 2007 when I was put on
leave of absence (hence no paystubs). Now employer B wants me to work for
them but since there are no paystubs after Jan 2007 they were talking about
consular processing for my petition and then returning to US. They think
that if they apply for portability it will get denied due to absence of
paystub and hence out of the H1b status.

I am married to a US citizen (married May 2005, yeah could have applied for
AOS then but bygone is bygone), do you think that my AOS if submitted now
(do know that the fees will increase after July 30th 2007) would be approved
or rejected. What should I put as my status in the application form, do I
put H1b or leave it blank since I am out of H1 status.

I am just confused as to what to do, whether to return to my home country
and wait for the petition to probably get approved, it will be for a year or
so or apply for AOS based on marraige. I have not worked illegally or done
anything wrong except for the leave of absence which was done to maintain my
status (thats what the immigration folks at employer A told me).

Sorry if this post has been repeated by other OPs. Any help in this matter
is greatly appreciated.

Thank you and have a nice day

Sandeep