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Options for H4 dependent when H1 holder passed away

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  • Options for H4 dependent when H1 holder passed away

    One of my friend passed away unexpectedly last month.He was on H1B and got his I-140 approved in the last 2-3 months.Now trying to look out options for his wife and india born kid in order to continue to stay and work in the US, after the 60 day grace period resulting from H1/H4 revocation . Have spoken to a couple of immigration Attorneys on 204(l),but the dependents are not eligible for adjustment of status in US since I-140 was recently approved. The only option recommened is to leave for India and apply for Adjustment of status when 2020 EB2 dates becomes current ,which is likely to take several years. Any pointers that could help to get a status and a work permit is greatly appreciated. Thanks in advance.

  • #2
    It is really sad to hear.. Anyhow I really appreciate you are taking effort to secure your friends family.. Since this is individual case related, Its better to accept Immigration Attorney suggestion.. But For now, you will have only option to leave country. But later you may decide to prefer H1B under CAP, F1.. Otherwise, you can file change of status also within a period..


    • #3
      They should get 204(l) reinstatement first, before leaving the US, because 204(l) reinstatement requires that a beneficiary be residing in the US when the principal beneficiary died and continues to reside in the US when seeking the 204(l) reinstatement. Once they get the petition reinstated, they can leave the US and wait for the visa numbers to become available to do Consular Processing abroad.

      There isn't really an option to stay in the US for years. Even change of status to visitor or student status would probably not work as they are already technically out of status. When do their I-94s expire. If they stay past the I-94 expiration, they start to accrue "unlawful presence", and if they accrue 180 days of unlawful presence and then leave the US, they trigger a 3-year ban; if they accrue 1 year of unlawful presence and then leave the US, they trigger a 10-year ban. They need to make sure not to trigger a ban as it will affect their ability to immigrate later.

      This is my personal opinion and is not to be construed as legal advice.