You would not be able to continue working in USA after divorce
you cannot continue to live in USA after mutual consent divorce
Change in immigration status of H1B dependent after divorce
Hi, My husband and I are planning for a mutually separated divorce. I'm a dependent on my husband's H1B visa. I am not working at the moment. We have 2 kids, one of who was born in the US. Given that I'm a dependent H1B visa holder, how would my immigration status/visa change after divorce? Will I be able to continue to living in the US after divorce? Will I be able to start working in the US after divorce? Appreciate if I can get an answer urgently
Asked 4 years ago in Family Law
Religion: Hindu
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6 Answers
As you are not on a H1B visa, you are living in the US because of your husband's status ie he holds a H1B visa status. Now if you get a divorce you have to come back and then reapply for a fresh visa.
As one of your son was born in the US you may get some relief but as your husband still lives in the US that is the problem as the child can remain with your husband.
No if are not dependent spouse you will not get the visa benefit
Once divorced he may intimate the authorities about it and proceed to cancel the H1B 1 Visa.
If you don't have any Visa then you may not be permitted to continue to remain in USA
If you are dependent on your husband's H1B visa, after divorce you cannot enjoy that status anymore. You cannot legally work in the USA. You may, however, apply for H1B visa on your own merits should you get an employment opportunity in the USA.
Dear Client,
If you are married to an H1B visa holder, and your spouse has an approved adjustment of status application, but the priority date is not yet current, a divorce or separation may disqualify you as a "dependent." In this case,you may not be able to obtain a green card once the priority date becomes current.
Thank you.
