Please help-Complex situation

[mal80]

Hello All

I got married in India in 2001 and accompanied my husband to US with my H4 visa. He was already working in US on his H1. He applied for his Green card through his employer and also included me in the process. Things started to turn ugly between us when his parents came to visit us and I had to undergo a great ordeal of domestic abuse. Mean while I got my EAD, but since I couldn’t take the abuse and torture for long, I decided to visit my parents in India and after great difficulty came to India, with the help of friends on an Advanced Parole.

I stayed for nearly 6 months and my husband came back to India and promised he has changed and will take good care of me and I believed him with all my love and went back with all the hopes, only to find he has taken me there just for revenge and my living conditions were worse and unbelievable. I had to suffer again and finally I left US without an Advance Parole to India. He had wantedly applied it late, so that I will never get it before I leave US. Also my H4 had expried by then.

That was my whole flashback. After I came to India, I struggled a lot to get a decent job in IT ( Due to my 3 year break ) and finally now, Thank God I am in a leading IT company in India having a good career. But as fate would have it, my husband who did get his green card came to India again 2 years back and now he has filed his divorce against me.

Now my company wants to file my H1-B petition for me, I would greatly appreciate if anyone could answer the following questions for me…

1.Will I have any problems in applying for H1, since I didn’t get my advanced parole the last time I entered India?

2.My company has asked for certain mandatory details like Spouses entries, visit to the US… I can by no means get those information. What do I do for this?

Please.. Please advise me on how to go about this……Can I apply for my H1-B without my husbands records?


Thanks in Advance

[Trueworker]

Best way out...

Hi,
Take the divorce first, then apply H1 through your present company.

[mal80]

But....!

But I dont know if I would get the divroce soon... So what do I do ? Will that in anyway interfere with my H1 petition?

Thanks for your response

[Trueworker]

Old record...

See, ur all old record will be there with USICS. You were almost bt to get GC hen u flew back. So your GC or related docs may be ( or may not be) with ur husband.
You do not know what he recorded for you in the official record if he did not take ur GC docs..

So, first best step to get separation from him officially..divorce.
If that is not possible soon, apply H1 and try to get divorce before ur interview.
But u may get query from USICS as they will see ur old record, so be ready for that.

...not legal advise................................................