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sthakur79

Pending I-485 and divorce

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My ex-husband's company filed for GC in EB2 category in Jun 2009.  I was added to his application as dependent (after our marriage in 2009).  Both of our I-485 is pending currently. 
Got divorced in May 2017.  Have not informed uscis.  My I-485 is still pending and EAD is valid until April 2019.  I am working on EAD currently. 
I have found a H1B sponsor who is ready to file for H1B (cap exempt using my old expired H1B).  He said it cannot be done in premium processing. Regular processing takes anywhere between 2 to 9 months.

My questions:
1. Have I accrued any illegal stay after divorce (though I have pending I-485)? 
2. If yes, should I be leaving US before 180 days?
3. The 180 days grace period is calculated based on divorce date or I-485 withdrawal date? 
4. If I stay in US until my H1B is approved (could be over 180 days), then go to India for visa consular processing, what are the chances of my visa getting denied based on the facts of my divorce, my overstay (180+ days) and working during that stay?  Will the consular officer know my divorce date etc to calculate overstay days?
5. Should I leave the US before 180 days, once H1B is approved, then go for visa consular processing?

Any advice/suggestion is greatly appreciated.

If I have to leave the US before 180 days from divorce date, it would be Nov 18 2017 and I have just a month to wrap up everything and return.  Expecting early reply so I can take a decision.  Thanks in advance!

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Please make an appointment maybe over the phone and discuss the matter with the firm of Murthy or any of your choice. Once you are not a derivative, your AOS and EAD may be considered moot.

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Hi sthakur79,

I'm in a similar situation and seeking urgent answers.Can you please share how you dealt with your situation?

I posted my query on a different thread.

Highly appreciate your response.

thanks 

 

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