H1B Holder My Friend is die.. Colorado Spring CO. H4 Can stay in the USA?

[h1bfile]

Hi to all seniors,
My friend he is died 8days ago in colorado spring accident, He hold H1B 6th year running (5th years finished 1month ago), GC applied (but no EAD or furthur communication from USCIS),

her wife is on H4. (2Babies USA born).

what to do for her H4 wife, she can stay here in the USA? or she must have to left USA and back to India. she will going to ask attorney but may be its take time and costly.

if there is rules that she can stay here in the USA then she will wait and go for help to attorney tomorrow.

My friend died his GC is accepted 3years ago but not recieved EAD or furthur information on it from USCIS (we applied for his death certificate too).

Thanks if you guys help to answer us ASAP.
Prashant desai
colorado Spring (CO)

[txh1b]

Sorry to hear that. As a general rule, the spouse of the person has to apply for a COS to B1/B2 to finish up the pending issues in the country and leave. The law does not have any provision for the person to continue and stay even if the children are US born.

The GC if pending is considered abandoned as well as the primary in the case is not alive. Unfortunate but that is how it is. A senator was going to introduce a bill for the spouse of USCs killed in combat to be able to come back to US or live here. Even that provision does not exist as of now and has resulted in few deportations.

[h1bfile]

Sorry to hear that. As a general rule, the spouse of the person has to apply for a COS to B1/B2 to finish up the pending issues in the country and leave. The law does not have any provision for the person to continue and stay even if the children are US born.

The GC if pending is considered abandoned as well as the primary in the case is not alive. Unfortunate but that is how it is. A senator was going to introduce a bill for the spouse of USCs killed in combat to be able to come back to US or live here. Even that provision does not exist as of now and has resulted in few deportations.

-- Thanks lots,
she will take attorney advice today, problem is my friend who died he is Gujarati patel, his family is in the USA, papa, momm, sisters, brother minor under 16years age, only he left in india that time so they try shortcut H1B, now problem is in India nobody is there from his and his wife side family, all are migrate to UK, USA, Canada and Aus, she will be alone at india so, she try to get attorney help to find out something else sollution , may be student visa!!
Thanks for your help.
Prashant desai,
colorado springs CO.