Please continue the process of GC though you are stuck in a dead end job. At least, when you have GC, you will have both the options at your disposal. You will relish the freedom that you have. After that you can think about which option to choose. May be you will find a job so that you commute from India to US on various assignments.
Don’t go to India unless you have a job offer in hand with immediate joining so that transitioning will be to minimum. Job must be for 1-2 years so at least you can settle down well. What I would suggest is continue working on this job and look for opportunities / openings in India.
What I read from one post is if you can get some interviews from US, it will be good. Many Global MNCs / Indian companies have their offices / presence in US. So, you can also visit them in person. But, get GC first.
After getting GC, you can sort out the situation, can’t you find an appeal that you have no visitation rights, as this is very inhuman.
My R2I Diary - Genaccmiller
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genaccmiller
- Posts: 126
- Joined: Sun Oct 18, 2009 6:52 pm
My R2I Diary - Genaccmiller
All - I did my MBA in the US and have been working since 2004. I was married in 2005, bought a house in 2007, had a baby in 2008. My wife walked out on me in 2008, filed for a Divorce in India and put me through 2.5 years of hardship in Court and walked away with a Divorce and my child whom I have not had a chance to see since.
I am currently on a H1B working with a large Investment Bank. My GC was applied in 2008 and currently I140 is cleared. When I consulted attorneys in the USA when my divorce was going on in India, they said my ex needs to sign a document saying she has no rights on the property. I tried unsuccessfully for 2 years to come to some kind of settlement with my ex but she tortured me through court, got what she wanted and did not sign any documents. I have not had a single default on any of my payments thus far. After my wife walked out, I did not need such a big house. So, I rented it out. When I bought the house, the deed just said my name followed by Married. Now the divorce is over, my tenant's lease is coming to an end by this month and I have advertised the property for rental again.
I came down to India towards end of 2010 and got remarried. When I applied for my H1 visa extension, I was put under something called 221G administrative processing due to maybe a common muslim name. This is a curse for many people on H1B (especially for muslims). There is no timelimit for completing the processing and until then a visa will not be granted. It's been around 3.5 months now and I am still in India. This has taken a lot of toll on my personal life and all my belongings are in the USA. My employer is also growing impatient. I consulted a realtor and the property values are too low to sell.I put down 10% on the property when I bought. Maybe my equity has increased to 15% now. I bought the house for around 330000 USD. The value is now around 294000. Even if I sold, I don't know if I can sell it without the ex signing it. I should be able to given that the deed is on my name and I have an official divorce decree from India. But, I would need to consult a lawyer and take care of any processes which I cannot do sitting here.
My current dilemma is as follows:
1. I don't know when I will return
2. I don't know if my job will still remain when I return
3. I don't know if I can sell my house without the ex's signature
I am losing my sleep over this. Due to my visa situation, I am unable to even lead a happy married life with my wife because the worry is always on my head. Additionally, I need to move out of my apartment in USA by end of March. If I don't get a visa before then, I need to ask someone to help. With so many issues, what should I do? Should I just foreclose and walk away and reenter the US when my visa comes through (provided I still have a job?) or should I contemplate renting or selling (I don't know if I can sell). I would really appreciate some advise.
I am currently on a H1B working with a large Investment Bank. My GC was applied in 2008 and currently I140 is cleared. When I consulted attorneys in the USA when my divorce was going on in India, they said my ex needs to sign a document saying she has no rights on the property. I tried unsuccessfully for 2 years to come to some kind of settlement with my ex but she tortured me through court, got what she wanted and did not sign any documents. I have not had a single default on any of my payments thus far. After my wife walked out, I did not need such a big house. So, I rented it out. When I bought the house, the deed just said my name followed by Married. Now the divorce is over, my tenant's lease is coming to an end by this month and I have advertised the property for rental again.
I came down to India towards end of 2010 and got remarried. When I applied for my H1 visa extension, I was put under something called 221G administrative processing due to maybe a common muslim name. This is a curse for many people on H1B (especially for muslims). There is no timelimit for completing the processing and until then a visa will not be granted. It's been around 3.5 months now and I am still in India. This has taken a lot of toll on my personal life and all my belongings are in the USA. My employer is also growing impatient. I consulted a realtor and the property values are too low to sell.I put down 10% on the property when I bought. Maybe my equity has increased to 15% now. I bought the house for around 330000 USD. The value is now around 294000. Even if I sold, I don't know if I can sell it without the ex signing it. I should be able to given that the deed is on my name and I have an official divorce decree from India. But, I would need to consult a lawyer and take care of any processes which I cannot do sitting here.
My current dilemma is as follows:
1. I don't know when I will return
2. I don't know if my job will still remain when I return
3. I don't know if I can sell my house without the ex's signature
I am losing my sleep over this. Due to my visa situation, I am unable to even lead a happy married life with my wife because the worry is always on my head. Additionally, I need to move out of my apartment in USA by end of March. If I don't get a visa before then, I need to ask someone to help. With so many issues, what should I do? Should I just foreclose and walk away and reenter the US when my visa comes through (provided I still have a job?) or should I contemplate renting or selling (I don't know if I can sell). I would really appreciate some advise.
My R2I Diary - Genaccmiller
It is indeed a sad situation. Divorces can easily turn ugly with both sides feeling hurt and maybe vindictive.
Foreclosure will spoil your credit risk I think (I am not sure, please check.) This may create problems for yoy when you return. However, with little or no earning power and your ex-wife's intrangence (if applicable), foreclosure may be the only option remaining.
I am sure you will be able to find a job when your visa comes through. So all is not lost.
Foreclosure will spoil your credit risk I think (I am not sure, please check.) This may create problems for yoy when you return. However, with little or no earning power and your ex-wife's intrangence (if applicable), foreclosure may be the only option remaining.
I am sure you will be able to find a job when your visa comes through. So all is not lost.
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genaccmiller
- Posts: 126
- Joined: Sun Oct 18, 2009 6:52 pm
My R2I Diary - Genaccmiller
Well I do have a job with one of the largest IBs. I am getting paid. However, the present situation of unknown return date is making me insecure. Added to this is the fact about property rental, managing it from out of the country, continued patience of my employer etc.
My R2I Diary - Genaccmiller
This is certainly a crisis scenario. If you can land up in US, you can work on other concerns with or without financial loss. So it makes sense to focus all your energies on getting Visa. Perhaps you can write to Consulate or take views from attorneys/experts specialized in the area.
If possible think of providing remote support to your employer as confidence building exercise and also to buy more time. Don't be depressed and scout for opportunities in India simultaneously as back-up plan. By creating other alternates, you would be able gain control rather than being controlled.
If possible think of providing remote support to your employer as confidence building exercise and also to buy more time. Don't be depressed and scout for opportunities in India simultaneously as back-up plan. By creating other alternates, you would be able gain control rather than being controlled.
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genaccmiller
- Posts: 126
- Joined: Sun Oct 18, 2009 6:52 pm
My R2I Diary - Genaccmiller
Yes...that's partially what I am doing. I have been working remotely and helping with deliverables. My employer is also evaluating plans of relocating me to Europe. However, this still leaves the house situation open. That's what I am concerned about. Also, it's very difficult to have your presence felt working remotely. I am afraid about what if my employer loses interest.
My R2I Diary - Genaccmiller
genaccmiller;370660Yes...that's partially what I am doing. I have been working remotely and helping with deliverables. My employer is also evaluating plans of relocating me to Europe. However, this still leaves the house situation open. That's what I am concerned about. Also, it's very difficult to have your presence felt working remotely. I am afraid about what if my employer loses interest.
As an MBA grad, you may have already heard this through many case studies: There are things you can control, things you can influence and then there are things you cannot control or influence, but be able to forecast the probabilities of.
For peace of mind, you can continue to concentrate on things you can control and influence. Take care of current wife. Plan additional "family" when you are back to stable residence and employment. Eat/Sleep appropriately. Do not fret about sunk costs and ruin the future. Take care.
My R2I Diary - Genaccmiller
Just curious, did you win the visitation rights for your daughter?
How did you manage the H-1 6 year limit coming up in a few months from now?
We were discussing about it in one of your older threads http://www.r2iclubforums.com/forums/showthread.php/16416-Need-some-really-good-advise
Obviously, if these are too personal to share, that is okay. Typically when people seek advise, it would be nice to update the status on the situation, more like a FYI. Thanks
How did you manage the H-1 6 year limit coming up in a few months from now?
We were discussing about it in one of your older threads http://www.r2iclubforums.com/forums/showthread.php/16416-Need-some-really-good-advise
Obviously, if these are too personal to share, that is okay. Typically when people seek advise, it would be nice to update the status on the situation, more like a FYI. Thanks
My R2I Diary - Genaccmiller
genaccmiller;370630All
My current dilemma is as follows:
1. I don't know when I will return
2. I don't know if my job will still remain when I return
3. I don't know if I can sell my house without the ex's signature
I am losing my sleep over this. Due to my visa situation, I am unable to even lead a happy married life with my wife because the worry is always on my head. Additionally, I need to move out of my apartment in USA by end of March. If I don't get a visa before then, I need to ask someone to help. With so many issues, what should I do? Should I just foreclose and walk away and reenter the US when my visa comes through (provided I still have a job?) or should I contemplate renting or selling (I don't know if I can sell). I would really appreciate some advise.
IMO what I have highlighted is more important than the other things you have listed.
Since you are newly married, just relax and enjoy the new life. The other things will fall in place in time when they finish their processing.
Nothing will change just by brooding over it and having sleepless nights.
Going back to USA or getting another job is not a big deal. It will happen soon.
Once the economy turns around(bubble) then it will be much easier.
Just work hard and dedicate yourself with your current job and look for better opportunities here.
My R2I Diary - Genaccmiller
OP,
After reading both your threads my suggestions are
1. Lose the house
2. Look for a better job first, so you can at least have a clear mind to think. You typically spend more time at work than any other single place (while awake). So it is better to have peace of mind here. I understand your GC situation, i still dont see why you cant change employers. refer to my below thread.
http://www.r2iclubforums.com/forums/showthread.php/23051-I-140-and-H1-with-different-employers
3. Eventually look for a job in India if that where you want to go (because of daughter or any other reason)
otherwise
3.a) File case in US if possible and get the custody of your daughter and negotiate with your wife from a firm ground.
After reading both your threads my suggestions are
1. Lose the house
2. Look for a better job first, so you can at least have a clear mind to think. You typically spend more time at work than any other single place (while awake). So it is better to have peace of mind here. I understand your GC situation, i still dont see why you cant change employers. refer to my below thread.
http://www.r2iclubforums.com/forums/showthread.php/23051-I-140-and-H1-with-different-employers
3. Eventually look for a job in India if that where you want to go (because of daughter or any other reason)
otherwise
3.a) File case in US if possible and get the custody of your daughter and negotiate with your wife from a firm ground.