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Husband and Wife both on H1 Visa. Filing for Divorce. what will happen to my H1?

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  • Husband and Wife both on H1 Visa. Filing for Divorce. what will happen to my H1?

    I came on Dependent Visa H4 and I got H1 B. But unfortunately, my spouse wants to go for a divorce. What will happen to my H1 B? Will I still be allowed to stay in US?
    Can my Employer cancel my H1 B without my approval?Is there any other way I can secure my H1 B, so that my spouse does not influence my Employer?

    Really appreciate, if someone can guide me, as I am in difficult situation.

  • #2
    Originally posted by Eric Link View Post
    I came on Dependent Visa H4 and I got H1 B. But unfortunately, my spouse wants to go for a divorce. What will happen to my H1 B? Will I still be allowed to stay in US?
    Can my Employer cancel my H1 B without my approval?Is there any other way I can secure my H1 B, so that my spouse does not influence my Employer?

    Really appreciate, if someone can guide me, as I am in difficult situation.
    Some dates would be helpful. When did you come on H4? When did the H4 to H1 approval happen?

    Did the approval come with a new I-94? If the approval came with a new I-94 then your status would be H1 and divorce should not affect your status. Employer cannot merely fire you because you are divorced.

    This is my opinion not legal advice.

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