H1B then marriage and now divorce before interview?

K

kaneha

Registered Users (C)
Was on H1B and got married to a USC(Don't know why the hell did I listen to my uncle). He treated me like a doormat living in house doing everything and taking care of his old parents, which I didn't mind, but a wife needs some respect and a husband also.

We filed for my AOS(485, 130 etc forms) and it was only after 3 or 4 months or so I came to know that he's already having an affair with a white girl.
I caught him talking to her on the phone and then once in the Mall. He even went with her to Paris and told me that he was on an official trip. It was only that I saw the photos of them kissing each other in paris.

Whenever I asked him I was told(yelled) to shut-up and he threatened to take the case back.. And in the end he got physically abusive. Finally, I decided to call it a day(after 5 months of marriage) and moved out of his house. Everytime he threatened me to take the case(AOS application) back.

And yesterday he did withdraw the application and is now serving me with divorce notice.

in all:-
Got married - March 2004
AOS Filed - March 2004
EAD receid - April 2004 (but I didn not work anywhere & did not get paid)
Moved out - August 2004
Divorce - Expecting anytime now
Interview - We were not even called for an Interview before we split.

My company still has not cancelled my H1. My questions are :-

1) What is my status now, considering that the company has not cancelled my H1 & I have a valid H1 and I-94 till Aug next year.
2) What are my options now?
3) Should I transfer my H1 to some other compnay and file for a employment based GC.
4) Can I go to India and meet my parents and come back with this H1 I have?

anyone Please help me out in understanding how much of big trouble I am in.
and how to get out of it.

neha
 
I am sorry to hear your situation. I understand that your EAD is at risk, given that your I-485 is being withdrawn. I believe your best bet would be H1B, and you will always have a chance to pursue for PR in the future (incl. thru employment).

Questions:
Were you working until March '04? ...do you have your last Pay-stubs?
On what terms did you leave that employer? ...can you go back to the same employer? Alternately, can you find another employer, ASAP?
Have you travelled since leaving that employer?
You can send me a PM, if you wish.
 
thanks I much appreciate your response. Answers to your questions are: -

1) No I was on bench and have no latest pay stubs
2) Terms were fine, nothing good nothing bad. Don't know about going back to the same employer, I think its a no.
3) Am trying to find another employer who could process my RIR ASAP.
4) NO, I have not travelled outside the US

please guide me what should I do next
 
See Inline............

kaneha said:
Was on H1B and .....................

My company still has not cancelled my H1. My questions are :-

1) What is my status now, considering that the company has not cancelled my H1 & I have a valid H1 and I-94 till Aug next year.
... If he has already withdrawn the case, you might be getting notice from USCIS soon regarding your pending I-485. Technically you will be out of status once you get denied notice from USCIS. H1 & I-94 you received were based on job offer from ex-employer and they are now invalid because such relationship do not exists anymore.

2) What are my options now?
Following:
a) Try to find employer who can get H1 for you before you get notice back from USCIS.
b) Try to get any other non-immigrant visa (going to be tough though)
c) Convince old employer to put you back on payroll. If he/she agrees, enter again in US using H1 (get current employment letter from him/her before you depart).
d) Find a employer who got pre-approved LC and he/she is willing/able to substitute you on immigration petition.
e) You can file immigrant petition on your own based on VAWA. Check following link for details:
http://uscis.gov/graphics/howdoi/battered.htm


3) Should I transfer my H1 to some other compnay and file for a employment based GC.
... Do it if you have this option available before USCIS rejects your I-485 petition

4) Can I go to India and meet my parents and come back with this H1 I have?
... You need to have valid job offer from employer who originally did your H1. In absence of that, you might be able to do this but it can create problem in future.

anyone Please help me out in understanding how much of big trouble I am in.
and how to get out of it.

neha
Click to expand...
 
Last edited by a moderator:
>a) Try to find employer who can get H1 for you before you get notice back >from USCIS.

What(docs) do I need to get new employment?
I mean, do I really need the current paystubs or will a just a current employment leter from old employer do
and or RATHER
Is there a way to get around(for missing paystubs) to get your H1B transferred if I dont have current paystubs?

kaneha99@yahoo.com
 
In your case it's going to be new H1, not transfer. Two scenario in case USCIS approves H1 petition:

A) They might ask you to travel outside US and get H1 stamped before you start working. In this case you won't get I-94 with approved H1 (I-797).
B) They might just give you new I-94 with approved H1 (I-797). You can right away start working.

Missing paystub is not required, you can simply say you were waiting for I-485 (AOS)

Required Doc:
1) Passport
2) Copy of all previous H1 (or any other non immigrant status)
3) Copy of I-485
4) Experience latters
5) Degree/Diploma etc.
 
What about if I get re-married to a USC?

In that case, should I go for an annulment or a divorce?
 
marriage gc

U cannot get remarried before your divorce is finalized. I think find an another employe is the best option. u do not need pay stubs since u were legal pending AOS.
 
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