Legal Question in Immigration Law in Texas

Hello, me and my husband are working on EAD. Now we have lot of differences in family life and my husband is threatening that he would cancel the Green card processing and leave USA. Right now i am working on EAD and so what options do i have to save my job ?? Also i had H1B which i dint use till now. But no payroll ran under it. Help me out to have save my job !! Can i continue the green card processing separately or else use my H1B which was not stamped yet. I got it 2 years back. So what are the options for me?


Asked on 10/31/09, 11:10 pm

1 Answer from Attorneys

Floyd Fernandez Pacifica Legal & Consulting

First, it sounds like you have an H-1B that is still active. If you have been in the country under that H-1B visa less than 3 years, you can renew it, assuming your employer is still willing to retain you and sponsor you, even while your green card application is pending. Second, while your marriage still exists, and the divorce is not yet final, the green card application is still valid, assuming your husband is still your sponsor. I am imagining that the green card application is based upon the primary application of one of you, and that your sponsor is the employer of one of you. The short answer, even if your husband leaves, under the threat of ending your eligibility, is that you have options, especially through your employer, or if it was your husband, giving you derived ability to apply for green card and therefore for your EAD/I-765, you still can make a valid application, based upon a good faith showing that your marriage was done for love and not for an immigration benefit.

But there are a ton of questions I would still have to know. Contact me at [email protected], and let's discuss your options.

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Answered on 11/06/09, 1:31 am


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