There are two issues here:
1. your hu*****and's I485 application. You will be the beneficiary, he will be the principal. For employment based I485, you don't need to submit tax returns because before you can even file for I485, you have to get labor certificate and I140. Labor certificate and I140 include information about your pay level and it cannot be lower than the comparable labor market. Thus, the fact that your hu*****and has filed for I485 means you've met the salary requirement. Tax return is not needed. However, ICE may send Request for Further Evidence to you seeking info about whether your hu*****and is still employed by the same employer at the time of review. Those are easy to take care of.
2. For your own legal status during your hu*****and's I485 application, you can be anything as long as your status is current and legal. For H1, working for a consulting firm has its own comparable labor market. If you are not being paid less than your American counterparts, that is, if your firm does not offer lower than usual pay in your indistry to you, then you are fine. Whether you receive regular payment or not is not relevant. The point is you cannot receive less than what the Americans in your field do. The reason they require this is because they don't want employers to offer less to attract foreigners resulting in job loss to Americans: we all know foreigners tend to take lower pay in exchange of green card.
1. your hu*****and's I485 application. You will be the beneficiary, he will be the principal. For employment based I485, you don't need to submit tax returns because before you can even file for I485, you have to get labor certificate and I140. Labor certificate and I140 include information about your pay level and it cannot be lower than the comparable labor market. Thus, the fact that your hu*****and has filed for I485 means you've met the salary requirement. Tax return is not needed. However, ICE may send Request for Further Evidence to you seeking info about whether your hu*****and is still employed by the same employer at the time of review. Those are easy to take care of.
2. For your own legal status during your hu*****and's I485 application, you can be anything as long as your status is current and legal. For H1, working for a consulting firm has its own comparable labor market. If you are not being paid less than your American counterparts, that is, if your firm does not offer lower than usual pay in your indistry to you, then you are fine. Whether you receive regular payment or not is not relevant. The point is you cannot receive less than what the Americans in your field do. The reason they require this is because they don't want employers to offer less to attract foreigners resulting in job loss to Americans: we all know foreigners tend to take lower pay in exchange of green card.
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