Urgent!!! H4 to H1 transfer...RFE and going to divorce

[kads]

What is the name of your state (only U.S. law)? MD

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. My divorce lawyer says that we cannot force him to give those documents and it might take longer.

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

 

[OHRoadwarrior]

It appears you are illegally working on an H4 visa. Your recourse is to leave if revoked and wait until you can be legally employed. If they discover you are illegally working, you may be denied.

 

[LdiJ]

It appears you are illegally working on an H4 visa. Your recourse is to leave if revoked and wait until you can be legally employed. If they discover you are illegally working, you may be denied.

You might want to re-read her original post. She is not working, she got a job offer and the employer is working on an H1b visa for her so that she can accept the job.

 

[OHRoadwarrior]

You might want to re-read her original post. She is not working, she got a job offer and the employer is working on an H1b visa for her so that she can accept the job.

Sooooo, the same answer applies. She can leave if revoked and come back legally, when obtaining a work visa.

 

[kads]

Sooooo, the same answer applies. She can leave if revoked and come back legally, when obtaining a work visa.

I am in U.S. legally on H4 (and not working) but even if I leave US, UCICS will still need the documents before giving me the work visa as I am still married. I can divorce in my home country and then try to come back here, but the H1 quota for this year is reached and if I lose this job (and H1 app) H1 can only be reapplied next year after April 2014.

 

[OHRoadwarrior]

I am in U.S. legally on H4 (and not working) but even if I leave US, UCICS will still need the documents before giving me the work visa as I am still married. I can divorce in my home country and then try to come back here, but the H1 quota for this year is reached and if I lose this job (and H1 app) H1 can only be reapplied next year after April 2014.

You cannot stay illegally and you cannot legally work without the H1. The reason for quotas is to protect US citizens, in a somewhat failing way, from foreign professionals willing to take professional positions for substandard wages and thus severely driving down all segment wages. The intent of the law, was to allow professionals with specialized talents to fill US positions that remained open, due to specialization. You are simply a victim of being in the right place at the wrong time. This is something that happens to US job seekers with great frequency. In the words a former coworker said to me, two (edit.. I meant three) pink slips ago, "Your a great person and a good employee. Sorry bout yer luck."

 

[ImmigAttyLana]

What if you were to do the same thing to your husband. NOt agree to sign any settlement agreements until he gives you the documentation you need to present in response to the RFE. By the way, if your application was accepted in the quota, if it is denied, you can refile without being subject to the quota. You should also discuss this with the attorney who handled your husband's H-1B and your H-4. If that attorney represents both of you, he/she is under obligation to provide those documents to you for your own change of status.