Urgent!!! H4 to H1 transfer...RFE

[kadia]

I am currently in U.S. legally on H4. My husband and I have been having problems since last year and are planning to divorce. I recently got a job offer and the company applied for H1b visa. But there is an RFE requesting my husband's I-94 copy, his recent pay stubs and his passport copies (I don't have recent copies of these documents). My husband indicated that he will only give those documents if I signed a settlement agreement and agreed for a uncontested divorce & I agreed with him to that effect. But now he (along with his divorce lawyer) is deliberately delaying the process so I don't submit those documents and lose the job.

Can i reply to the RFE saying i'm going through divorce & hence cannot provide my husbands documents? Will they accept this option?

Is there a legal way of getting him to give those documents to me??

PLEASE help me...I have to get it done ASAP

[shervin143]

Can i reply to the RFE saying i'm going through divorce & hence cannot provide my husbands documents? Will they accept this option?
>>> Well, you can try. But I doubt if that will help. There is no H4 without H1B. If you mention that you are going through a divorse, then USCIS might think that you might be out of status on H4. But you can certainly try. The worst thing that can happen is the H1B might get approved for consular process instead of COS. In such case, you will have to leave the country, get the H1B visa stamped and return back.

Is there a legal way of getting him to give those documents to me??
>>> Not really.

[kadia]

Hi shervin143,

Thank you for your reply and I appreciate your help in this matter.

Is there any chance that USCIS will reject my H1b application if I tell them that my husband will not provide documents as we are planning to divorce?

Do you know if the h1b stamping for consular process is the same as regular H1b stamping - is there anything extra that needs to be done for consular h1b stamping? During the h1b stamping will they still ask for any of my husband's documents (as i won't be able to provide those)?

Thanks!

[shervin143]

Is there any chance that USCIS will reject my H1b application if I tell them that my husband will not provide documents as we are planning to divorce?
>>> I don't think so. Like mentioned in my previous reply, the worst thing that can happen is that your H1B might get approved for consular process instead of COS. Attach copies of documents that can show that you are going through a divorse. That will help.

Do you know if the h1b stamping for consular process is the same as regular H1b stamping - is there anything extra that needs to be done for consular h1b stamping?
>>> They are the same. No different.

During the h1b stamping will they still ask for any of my husband's documents (as i won't be able to provide those)?
>>> During your H1B stamping, they will ask only your document. They will ask for your husband's documents only if you file for H4. Keep copies of the documents that will help to show that you are going through a divorse.