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Hi: I really need your advice on my situation.
I had H1B before I got married to my wife. I get my 2-year GC through her.
We lived together for 1 year in Atlanta, then I got a job offer from CA which I couldn't refused. Her family and job were still back in GA, so we decided that I moved to CA first, then we'd figure out later.
Long story short, we couldn't figure out - so we decided to divorce while my joint I-751 was in process (there were some issues with it - since we didn't live together, it's hard to establish the good faith marriage). So my lawyer withdrew that joint I-751 and apply with a waiver instead.
Then there is another issue with that application: Their RFE didn't reach me, so I didn't submit documents in time -> the application got rejected. My lawyer just submitted another application so that I can get back in status.
Now I have an option: I can just reverse back to H1B to work for my company, and apply GC through them. My company is a big tech company, and they are willing to apply H1B or GC for me (or do whatever they can to help). I'm just not sure how I can change from Family-based GC to Employment one?
My H1B is still valid - and can be reactivated if needed. I'm just not sure about the path from I-751 to employment GC, or I-751 to H1B: how can I be in status to continue to work?
Any advice is greatly appreciated!
Thanks,
Darren.
I had H1B before I got married to my wife. I get my 2-year GC through her.
We lived together for 1 year in Atlanta, then I got a job offer from CA which I couldn't refused. Her family and job were still back in GA, so we decided that I moved to CA first, then we'd figure out later.
Long story short, we couldn't figure out - so we decided to divorce while my joint I-751 was in process (there were some issues with it - since we didn't live together, it's hard to establish the good faith marriage). So my lawyer withdrew that joint I-751 and apply with a waiver instead.
Then there is another issue with that application: Their RFE didn't reach me, so I didn't submit documents in time -> the application got rejected. My lawyer just submitted another application so that I can get back in status.
Now I have an option: I can just reverse back to H1B to work for my company, and apply GC through them. My company is a big tech company, and they are willing to apply H1B or GC for me (or do whatever they can to help). I'm just not sure how I can change from Family-based GC to Employment one?
My H1B is still valid - and can be reactivated if needed. I'm just not sure about the path from I-751 to employment GC, or I-751 to H1B: how can I be in status to continue to work?
Any advice is greatly appreciated!
Thanks,
Darren.
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