URGENT HELP NEEDED: FAMILY BASED GC and DIVORCE

[nkabra]

I came to US in Dec 2000 on an H1B visa. Subsequently, I got sponsored for my Green Card through my spouse. She applied for my I485 - change of status on Nov 22, 2006. Both of us appeared for interview on March 27, 2007.

I got my EAD(Employment authorization Document or work authorization) on Feb 2, 2007 which was valid till Feb 1, 2008. I renewed my EAD which is now valid till Oct 29, 2008. So I have been on an EAD since Feb 2, 2007.

My wife filed for a divorce in Nov 2008.

INS called us for an interview on April 10, 2008 with my spouse. They said this interview will be videotaped. We did not go since this required both of us to be present. Does this raise a red flag.

I passed MS in 2003 from US university. So as per new rules, do I still come under the 65000 H1B quota.

Am I still considered on an H1B since my GC was sponsored by my spouse and I got EAD in Nov 2006. Can I again transfer on an H1B or an L1. I can work on an L1 too if that is possible.

Dec 2000=came to US on H1B
Nov 22, 2006=GC sponsored through spouse
Feb 2, 2007=EAD received
Oct 29, 2008= Date till which renewed EAD is valid
On EAD till Oct 29, 2008
Jan 18, 2008= INS called for an interview which we did not attend
May 25, 2008=Moved to India for my Dad’s surgery

I came to India in May 2008 since my Dad had to undergo surgery.

1. Can my wife or her lawyer have informed the USCIS about our pending divorce(even though we are not divorced yet). In that case, can I come back to US or what are my options
2. INS called us for an interview on April 10, 2008 with my spouse. They said this interview will be videotaped. We did not go since this required both of us to be present. Does this raise a red flag. The letter said my application will be abandoned if we do not attend the interview.
3. I have my job in US till now but EAD expires on Oct 29, 2008 and I am in India right now. Can I go back to US or get an L1 through my current employer
4. My 6 years are done. Can I apply for an L1 again. In that case, how will INS take it since my GC is under process. Won’t it raise a red flag. Will my GC become void.
5. Am I still considered on an H1B since my GC was still under process. Where can I get an H1B from now
6. Can you find out what status I have at INS today

 

[PraetorianXI]

Had you maintained your H1B status. you could fall back onto it, but since you used EAD to work, your H1B is terminated. You must go home and apply, you soon will have no status in the USA.

 

[GotPR?]

You came to the US in 2000 and married in 2006. I assume you were on H1 during that period and H1 has 6 year limit. IF you have exhausted full 6 years of H1, you can not get back to H1 unless you leave the US for more than a year.
For L1, again, if you were on H1 in the US for 6 or so years, it's less likely to be qualified to L1 because one of L1 requirement is you worked for at least 1 year for foreign entity last 3 years..Plus H1 + L1 period can not exceed 6 years.

 

[LucyMO]

INS called us for an interview on April 10, 2008 with my spouse. They said this interview will be videotaped. We did not go since this required both of us to be present. Does this raise a red flag.

it doesn't just raise a red flag. It usually cancels your process.