Greencard issued in error - what to do

[rmehra]

I am currently work for a big company that has filed for my GC with priority date of 2012 and currently i am on H1 B visa which is being renewed this year.

I was also married 2 years ago and applied for derivative green card application through him thru his employment based greencard.

unfortunately we got divorced in June. His priority date became current in July and we got our GC approved last week.(Aug 2013) this is even after my Ex informed USCIS about divorce and requested to withdraw my derivative application

my question is do i have to return this green card? my current H1b visa thru my employer is underway and i don't want USCIC to deny that because i have my GC and once i send my green card for last name change they realize they made a mistake in issuing it and revoke it and i end up in no legal status.

Nationality:Indian

summary:

Here are some facts:

· Married July 8, 2011

· We got Divorced June 5,2013

· Informed USCIS about divorce- June 2013

· Ex's priority date became current in the bulletin released in July 2013

· Received I- 485 Approval Aug 7 2013 and GC mailed.

H1B visa expiring: Sep 23,2013. Awaiting renewal approval from USCIS.

 

[Jackolantern]

The I-140 belongs to the employer, and your I-485 belongs to you, so technically your husband did not have the authority to take direct action on the I-140 or your I-485 to terminate your case. It was your responsibility to inform USCIS and withdraw your I-485.

Ideally USCIS should have sent you an RFE to inquire about your marital status after the notification from him, but they didn't.

You will have to return the green card and request that your H1B status is reinstated, otherwise they can rescind the green card at a later date, at which time it may be impossible to revert to H1B.

But consult a lawyer before returning the green card. You may need to have the lawyer write a letter to USCIS or accompany you to a USCIS office to help you handle it. The return needs to managed in a way that gives you assurance from USCIS that your H1B status will be immediately reinstated; you don't want to have the card canceled only to end up with no legal status.