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Divorce H1 & H4

 

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ap Posted: 17 May 2009 10:14 am
Hi, I came to U.S. on H4 status, which is valid for one more year. Later on we got separated and I found an employer, who has applied for my H1B, which was approved. Due to recession my employer is in a bad condition and he said either I should transfer my H1 to another Company or to go back to my home country. I did not work for my employer yet. If I ask for a transfer what will happen to my H4 status? Even though we are living separately our divorce has not taken place yet, if it comes through what will happen to my H4 status? Please give me your best suggestion. Thank you.

MS Posted: 22 May 2009 12:19 am
Your status is depends upon what is stated in your H1B approval letter. If it states that you have been granted change of status, then you are automatically on H1B status and no longer in H4 status. If you are on H1b status, in order to keep your H1 status you should be getting paid the agreed salary. I think you should file an application for change of status to H4 as early as possible. If your approval notice does not grant you the change of status ,then you are on H4 status now. You will lose your H4 status if you get divorce from your husband.


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