E-1 Visa expired - I-94 still valid

[Sunshine365 0]

I am asking this for a friend of mine.

She and her husband came to the USA in 2002 with a E-1 work Visa. In 2008 they got separated, but are not divorced.

The next year he was transfered from his company in the USA to a a plant in Poland to work there for 2 years.

He is still employed in the USA, so that didn't impact his Visa. She stayed here.

Now his work in Poland ends, and he does not want to come back to the USA. He is looking for work in Europe right now. In this case his E-1 Visa will be invalid.

My question is, does she also have to leave the country ? Her I-94 is still valid until January 2013. He says, no, she can stay at least until her I-94 expires. My opinion is, she has to leave also.

She has an EAD and is working.

What is right ?

[Boiler 45,753]

Her status is dependent on him and his job.

No job, no marriage no status.

As long as she has no intent on coming back she would probably be OK until her I 94 expired.

[Harsh_77 718]

Yep her EAD was based on his E1 and the status your friend has is not on her own merit.

As soon as the E1 expired, she is automatically illegal. As boiler said, if she does not ever plan to return to US then she can stay until her i-94 is valid. If she is planning to return she needs to leave the country and should not get flagged as illegal resident.