H4 status validity after H1B is no more valid and not present in US

[Iamanupam]

Questions from a friend in need...

Hi,

I am in US on H4 Visa since May 2002 (with extensions due to multiple GC applications). I have 2 kids born in US, with US passports. Last April, I reported a DV case against my husband and then we lowered the charges to misdemenour and he is now on 3 yrs probation. Now he has found a job in india in a US based company (which i am not too sure of) and has left for India and resigned from current employer last week (while he is in India) leaving me and my kids alone in US without even informing us that he already left for India and is resigning. Today after 4 weeks he called up to inform us that he is in India and soon joining a new company there. He has asked me to decide on where I want to stay and if I choose to stay in US,He told me that I will have to manage it myself (financially, legally and mentally). If I choose to go back to India and stay with him, he is ready to help me financially to wrap up and told me that I have a legal presence status as of now (which I am not sure of). His employer in US had filed i140 application for him but now that he has resigned, am not sure if that helps?

I need to know answers to following questions on urgent basis:

1. What is my current status in US?

2. If I am out of status, how long can I stay here legally?

3. If I can't stay here legally, how can I have a safe exit so that if ever I want to come back to US, I can come back?

4. Is there a Visa status I can apply for, to stay here and work here (for survival) without going back to India?

5. Should I inform USCIS about my present status?

6. What kind of legal help can I get in US for my stay here considering I can't work and I am on H4 Visa status?

7. Can I get the i140 application number from his employer in US, being his wife and in need of help? If yes, how?

8. Can he transfer this i140 to a new employer (India or US based)?

Thanks in anticipation.

[pontevecchio]

You need to get a consult with say the firm of Murthy and they will be able to either directly help or point you in the right direction. The fact that your Children were born here is not a matter of great significance. The fact that he left while under probation presumably without court permission renders him subject to arrest the next time he comes back and you should inform the court. You can also talk to the Lawyer in the DV case or the DA who helped you.

[cap-gap]

people under parol have the obligation to report whereabouts but I do not think people under probation are required to..

you are in-status until his H1 withdrawl is official..he might be bluffing about his job in inida, who knows?

considering you have beeen married for well over a decade, in most states, he has obligation to support you..either case he did inform you and made offers, so he is at no fault..

it is very possible to prove your situation as abused women and there is a law to give u status..i think VAWA..

most attorneys to do it for free as charity..

but do u have means to survive here, if u get status.. like good edcn to get a job here etc..

[pontevecchio]

Sorry cap gap, A person in probation has to inform the Court if he leaves the jurisdiction.

[Attorney_23]

people under parol have the obligation to report whereabouts but I do not think people under probation are required to..

you are in-status until his H1 withdrawl is official..he might be bluffing about his job in inida, who knows?

considering you have beeen married for well over a decade, in most states, he has obligation to support you..either case he did inform you and made offers, so he is at no fault..

it is very possible to prove your situation as abused women and there is a law to give u status..i think VAWA..

most attorneys to do it for free as charity..

but do u have means to survive here, if u get status.. like good edcn to get a job here etc..

If an H1B worker leaves with no intention of returning to the U.S. employer, the H-4 dependents will generally fall out of status immediately. Also, VAWA generally is only available for the spouse of an LPR or a USC.

Lamanupan, there may be other options available to you, but it is difficult to say without more information. You probably do need to schedule a consult with an attorney to determine if you have any means of remaining in the U.S. You also may want to consult with a family attorney -- under U.S. law, your husband likely has legal obligations, especially to the children. However, you would need to speak with someone who specializes in this area to determine how this works when the spouse is a non-USC who has returned to his home country.

[ge145]

I am really sorry to hear about this.

Please talk to an attorney who knows both about family and immigration matters. Second, please help your friend to decide. One should not be in marriage to be helped financially. And a person leaving wife and kids behind without informing - say a lot about that moral character.

Under US law, if he is in probation and he is hoping to get GC while outside India, good luck to him