Cookie Munster

Say someone was on H1b (2 years) and then got married to USC and changed their status with the employer and continued to work for the same co. on the EAD provided through the marriage. Thus, giving up thier H1b status.

Now say the AOS took long time like admin processing after successful interview and during the time the marriage dissolved after 1.5 years. I understand if the GC process did not complete deporation proceedings are supposed to start.

My question is

1. Is it possible to go back to H1b if the 3 year extention had not been filed if the company is willing to sponcer?

2. Am i correct in assuming that the GC application would be void and no chance of disputing it with a judge even after a successful interview?

Rete

Why would the GC process not complete? You would only be deported if there were cause for deportation such as in a rejection of AOS. If it has not been finally decided on what cause would the deportation order be based on?

If you are still waiting after 18 months for a decision to be made (I know your case from the marriage forum), now is the time to start getting in their face for a decision. You would hire an attorney to do this for you or contact your congressional rep to place inquiries or you would make one Infopass appointment after another until you get noticed. You could write to the person who interviewed you with a copy of the director of the district office. You could make an inquiry through the Omsbudman program.

In other words, be PRO-ACTIVE.

Cookie Munster

Rete, Thank you for your responce.

I was refering to if the marriage was dissolved and the AOS was not finalized because of the security check pending. Then would i enter into deportation proceedings?

You will be surprised that I am actually going through an attorney already. My attorney makes monthly inquiries with the supervisor of the USCIS office and they come back with the same answer everytime. I actually checked with another attorney and she said there isnt anything else that cane be done. I was going to contact a congressperson but unfortunatly my attorney told me not to because it goes back to the supervisor and my attorney checks with them every month. I have already went to the USCIS office twice and made inquries and they said the exact same thing that the security check is pending. The last one being a few days ago.

I have not yet made an inquiry with the Omsbudman yet and am considering going that route too.

Rete

Sorry, CM. Didn't realize you were contemplating terminating the marriage. Actually, there might never be any deportation. You might well be able to adjust status even if the marriage ended before final approval of the AOS. Ask you attorney. According to Mr. Folinsky's advice to others there is a way. Just not sure of exactly what it is.

Cookie Munster

Rete, again thank you for your response. I am not contemplating terminating the marriage. I was just wondering what my options if any are if that was to happen. Its a very uncertain world we live in these days.

Karlshammar

If the marriage ends before your permanent residency is approved, you will be denied. If your marriage ends during the first two years of your permanent residency, it will most likely be revoked.

Rete

Neither of which is true. If married for two years they can still adjust status. If divorced after residency they can apply for removal of conditions through a waiver.

Karlshammar

Neither of which is true? So when I say the might revoke your residency if you get divorced while it's still conditional, you say that's not true and they never will? Trust me, it can happen.