Pending Derivative I-485 and divorce,New H1B is pending

H

helpless4now

Registered Users (C)
Hi All,

Thanks for every one for the valuable answers to all of my previous posts.My derivative I-485(EB based) is pending and my divorce will be finalised in july.My employer filed for H1B this year and its still pending and it will be activated from oct2009.

What will be my status between july,2009 and october,2009 because my I-485 will be cancelled as the divorce will be finalised in july and H1B will be pending?

Am I legal to stay in this country in that time frame(between july and october) or should I have to go back to my homeland and comeback only when my H1b is activated?

Please give me suggestions

Thanks a lot
 
helpless4now said:
What will be my status between july,2009 and october,2009 because my I-485 will be cancelled as the divorce will be finalised in july and H1B will be pending?
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The I-485 will not be automatically canceled by the divorce, so you will remain in status prior to its denial. Is there an I-94 attached to your H-1 approval notice?
 
Thank you for the response

TheRealCanadian said:
The I-485 will not be automatically canceled by the divorce, so you will remain in status prior to its denial.
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If I am correct after divorce if he sends finalised divorce document to USCIS in July I think my I-485 will be cancelled.

TheRealCanadian said:
Is there an I-94 attached to your H-1 approval notice?
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My H1 is still under pending and I didn't got any approval notice.Hope my case will be accepted by October.

Mean while whats my status between July(if I-485 gets denied) and October(till my h1 gets accepted)
 
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helpless4now said:
If I am correct after divorce if he sends finalised divorce document to USCIS in July I think my I-485 will be cancelled.
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Yes, it'll be denied once USCIS gets the divorce, but that may be weeks or months after your divorce is final. I just wanted you to be aware that the significant date is the date the I-485 is denied, NOT the date the divorce is final.

Mean while whats my status between July(if I-485 gets denied) and October(till my h1 gets accepted)
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You'll be out of status and illegally present. That shouldn't be the end of the world if your H1 is approved; some time in September I'd plan on a trip to your home country to get stamped.
 
TheRealCanadian said:
You'll be out of status and illegally present. That shouldn't be the end of the world if your H1 is approved; some time in September I'd plan on a trip to your home country to get stamped.
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Thank you for the reply and you are right its not the end of the world.Actually I am physically abused by my husband and he kept my advance parole document with him and filed a divorce in my home country.As I was unable to present in the court for the divorce, court issued X-party decree by finalising divorce in my home country.The only thing I failed to do is I should have called 911 once he started abusing me and I am regretting it now.
But I never lost hope even though he cancels my I-485 I think doors are not closed for me and if everything goes fine I will come back on H1

My advice is if any one is in this situation please be aware of the status problems,try to be in your own status and don't give the chance to the abusers and let USCIS know about these kind of abusers(which I failed to do and now its out my hands)
 
helpless4now said:
Actually I am physically abused by my husband and he kept my advance parole document with him and filed a divorce in my home country.As I was unable to present in the court for the divorce, court issued X-party decree by finalising divorce in my home country.
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I'd seek a family law attorney here in the US to see if that divorce is even valid here.
 
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