Seperated wife on H4 Ead how can she stay in US

[G_One 10]

Hi All,

 

I would like to know about the process for my friend. She was on a H4 EAD visa right now, however her divorce is going on in India as she was married in India to another H1 guy.

However has been working in US for about 6 yrs, she is still working on her H4 EAD.

 

Now the Question is her divorce could get completed anytime in India, how can she still maintain any legal status asap in US. Please suggest.

 

Thanks

Edited February 9, 2019 by G_One

[CEE53147 559]

Why has she not looked for her own H-1B sponsor.  After her divorce is final, she no longer qualifies for H4.

[SusieQQQ 11,586]

54 minutes ago, G_One said:

Hi All,

 

I would like to know about the process for my friend. She was on a H4 EAD visa right now, however her divorce is going on in India as she was married in India to another H1 guy.

However has been working in US for about 6 yrs, she is still working on her H4 EAD.

 

Now the Question is her divorce could get completed anytime in India, how can she still maintain any legal status asap in US. Please suggest.

 

Thanks

What do you mean, she was married to “another” H1 guy? I presume she only has one husband?

Her H4 status arises because she is a dependent of an H1 visa holder. Once the divorce happens her H4 status falls away. She’ll need to change status to another visa or leave the US. 

[G_One 10]

50 minutes ago, SusieQQQ said:

What do you mean, she was married to “another” H1 guy? I presume she only has one husband?

Her H4 status arises because she is a dependent of an H1 visa holder. Once the divorce happens her H4 status falls away. She’ll need to change status to another visa or leave the US. 

By that I mean she her self was on H1, her husband was also on H1 when they got married. For some reason she moved to H4 1-2 years back and now she is in bad situation. Yes I know she needs to change her status now that is the reason I have put up this question. For any suggestions what she should do now ?

[G_One 10]

1 hour ago, CEE53147 said:

Why has she not looked for her own H-1B sponsor.  After her divorce is final, she no longer qualifies for H4.

She was on H1 before when she got married, later she moved on H4, and then they decided to partways about 8 months back. Yes she would be applying for H1 in 2019, but still there is no certainty that her H1 will be picked. What else can she do as a backup ?

[CEE53147 559]

Did she use all 6 years of her h-1B?

 

Unless she has been outside the US fr 1 year between ending h-1B and April 1, filing will do no good.

 

Her current employer could pursue a GC for her but it is a long way away and no one could be qualified for and wiling to work at the job.

 

There is nothing else she can do.  No one is ever guaranteed a job or chance to live in the US. She should NOT overstay as that complicated future US options.

[SusieQQQ 11,586]

5 hours ago, G_One said:

She was on H1 before when she got married, later she moved on H4, and then they decided to partways about 8 months back. Yes she would be applying for H1 in 2019, but still there is no certainty that her H1 will be picked. What else can she do as a backup ?

Not much really, H visa, L visa, O visa, I’m guessing she is not in a long term relationship with a view to marriage with a USC given she is still currently married. Can’t think what else might work, she also needs to be careful not to overstay once her H4 status is no longer valid or any future visa might be jeopardized. (I am slightly confused by the divorce happening in India not the US, and assume the H1 holder is still resident in the US.)

 

As above, someone on a non immigrant visa has no expectation that they can stay in the US. Very sad story in another thread about a H4 dependent who just aged out at 21 and has to return to India after 13 years, imagine moving to the US at 8 years old then having to leave effectively the only real home you knew once you become an adult, luckily your friend will probably be able to adjust easier.

 

 

Edited February 9, 2019 by SusieQQQ

[WeGuyGal 1,052]

I've always maintained, any non-immigrant foreign national should always keep a backup plan in their home country in case something doesn't work out in the US and they have to pack up and leave. There is no requirement an H1/H4 person has to be in the US long term. If there are no viable US employment options for OP's friend, once the divorced is finalized, she has to leave the US. 

 

What's behind the divorce being filed in India? 

[G_One 10]

On 2/10/2019 at 12:42 AM, WeGuyGal said:

I've always maintained, any non-immigrant foreign national should always keep a backup plan in their home country in case something doesn't work out in the US and they have to pack up and leave. There is no requirement an H1/H4 person has to be in the US long term. If there are no viable US employment options for OP's friend, once the divorced is finalized, she has to leave the US. 

 

What's behind the divorce being filed in India? 

 

My bad I was not aware of divorce of people married outside of US. I confirmed again, she is not exactly waiting for divorce process in India, its primarily in the US. 

 

[SusieQQQ 11,586]

On 2/9/2019 at 2:08 AM, G_One said:

She was on H1 before when she got married, later she moved on H4, and then they decided to partways about 8 months back. Yes she would be applying for H1 in 2019, but still there is no certainty that her H1 will be picked. What else can she do as a backup ?

She’s obviously going to have to leave the US between her divorce and when/if she is successful in being allotted a H1. This has been said before but it’s not entirely clear that it’s understood.

 

4 hours ago, G_One said:

 

My bad I was not aware of divorce of people married outside of US. I confirmed again, she is not exactly waiting for divorce process in India, its primarily in the US. 

 

 

Maybe your “friend” should start a VJ account for herself to give accurate information?

Edited February 12, 2019 by SusieQQQ

[WeGuyGal 1,052]

The "friend" obviously needs to sort out her personal life first, and move to India if she gets divorced and lacks a US status. Then open her own VJ account to figure out the rest.

 

OP would be better served to avoid posting for others which inadvertently lead to inaccurate information being passed around. 

[G_One 10]

On 2/12/2019 at 8:09 PM, WeGuyGal said:

The "friend" obviously needs to sort out her personal life first, and move to India if she gets divorced and lacks a US status. Then open her own VJ account to figure out the rest.

 

OP would be better served to avoid posting for others which inadvertently lead to inaccurate information being passed around. 

I ask what info I am given and when they are given, I am not familiar with her situation so i have to go back and forth for info. She is not interested in creating a VJ account. And that is the reason I will be asking questions on her behalf, If you have a problem you can pass this post ? 

 

[WeGuyGal 1,052]

1 hour ago, G_One said:

I ask what info I am given and when they are given, I am not familiar with her situation so i have to go back and forth for info. She is not interested in creating a VJ account. And that is the reason I will be asking questions on her behalf, If you have a problem you can pass this post ? 

 

Not being familiar with her situation is all the more reason for her to be asking questions and not you. 

 

And just so you know, asking others not to post is a ToS violation here. Anyone can post! 

[CEE53147 559]

You should advise her to engage an immigration attorney.

 

Marrying a US citizen for an immigration benefit is not appropriate. The USC deserves better than that. Based on discussions on this forum, all USCs should run far and fast away from people like this.

[SusieQQQ 11,586]

3 hours ago, G_One said:

I ask what info I am given and when they are given, I am not familiar with her situation so i have to go back and forth for info. She is not interested in creating a VJ account. And that is the reason I will be asking questions on her behalf, If you have a problem you can pass this post ? 

 

Well, what is her response to the fact that her only real option is to go back to India? It’s annoying enough when everything is broken telephone, but even more so when there is no “feedback” from the person we are advising.