Divorce pending with H1B renewal coming up

[Kutli]

Thanks in advance for any advise given. 

I am on H1B visa and my H1B renewal is coming up soon. My wife has left me and gone back to India. There is a divorce case pending in the court of India. Will this affect my H1B renewal in any way? I am going to apply only for my H1B and not for the dependent H4 renewal, as I am not in communication with my wife and she will not come back. Do I need to specifically tell her that I am not filing for her H4 renewal ? Not sure if she will even reply. But is there anything mandatory on my side that I need to do ?

 

[Zodiac System]

Legally, you are ok with not filing for her H4 extension right now.  Just file for your H1b extension.

In case your wife changes her mind and decides to come back, she can always go for an H4 dependent visa stamp at the US consulate in India.  She will need your H1b Approval at the time.

Good Luck.

 

Edited April 22, 2022 by Zodiac System

[rksingh]

There is nothing for you to do as your wife is already in India..........had she been in US, she could have become out-of-status/accruing illegal stay if her H4 status expired. Just file for your H1B extension as if you are a single applicant without dependents.