Green card process to H1B

[mlk2009]

Hi,
I have some problems with husband and want to leave his GC process and get my H1B from my employer. how does that work.
Should I be divorced or can I stop the pending 485 and apply for H1B. He is not getting the AP for me to visit my parents in India and always harassing me. So I dont want to depend on him at all.

Please suggest a way..

 

[ksam]

Hi,
I have some problems with husband and want to leave his GC process and get my H1B from my employer. how does that work.
Should I be divorced or can I stop the pending 485 and apply for H1B. He is not getting the AP for me to visit my parents in India and always harassing me. So I dont want to depend on him at all.

Please suggest a way..

You can get H1 on your own if your employer is willing to file for you. Once you have approved H1, you can travel to India and get H1 visa stamp at a nearest consulate to come back to US and travel back and forth.

Whatever you do, do NOT cancel the existing 485 process unless you get a divorce in such case your husband will do it anyways. Let the existing 485 process continue on if you are legally married to your husband.

You can apply AP on your own if you have a copy of your 485 receipt notice. Its very simple. Look at the uscis website and download the form .... the same goes for EAD, if you have a copy of your 485 receipt notice, you can apply for future EADs by yourself...

Good Luck ...