I am in H-4 status and am in the process of getting a divorce from my H1B husband. How many days may I remain in the U.S. once my divorce is finalized?

Answer

There is no grace period in this scenario. Once a divorce is finalized, the (former) dependent spouse is no longer eligible for H-4 status. You typically would fall out of status as soon as the divorce is official (although, depending on the circumstances, you won’t necessarily start accruing unlawful presence). Prior to that happening, it is likely you should either apply for a change of status or depart the U.S. (02.Apr.2018)

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