NewbieP Posted January 6, 2017 Report Posted January 6, 2017 My soon-to-be-ex is on H1B visa and I am on H4(had h1b until 2012). His I-140 is approved. He has filed divorce with 100% kids custody. Looking at current market situation, i dont want to struck in USA on H1b and wait for GC for next 10 years. I know I cannot get GC or status through kids custody and I am also not looking for one. My first preference is to go back to India with kids due to family support and I can work anywhere. What are the options I have to stay here if family court rejects kids move away order? In case I dont get work after trying a lot, in your experience is it possible to get some legal status as kids guardian? Thanks in advance
JoeF Posted January 6, 2017 Report Posted January 6, 2017 Your H4 becomes invalid when the divorce is final. You can not get any immigration benefits through the children. You would have to leave the country.
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