H1 and H4 EAD after divorce

[as.dmg]

Hi,

I'm on H1-B visa and my spouse is on H4-EAD visa and is currently working.
We are in the middle of our divorce and the trial is set for Aug 2018. My current H1-B expires in September 2018 and hence the H4-EAD is also valid only until Sep 2018.

I'm due a H1-B renewal soon and do not plan on applying for the H4-EAD renewal when I apply for H1-B renewal this month.

My questions:
Till when would the H4 EAD be valid.
Will my spouse be out of status as soon as we are divorced ?
Since we are still married, is it mandatory to apply for H4-EAD renewal also when I file for my H1-B extension ?

Thanks

[vishal27580]

Hi,

I'm on H1-B visa and my spouse is on H4-EAD visa and is currently working.
We are in the middle of our divorce and the trial is set for Aug 2018. My current H1-B expires in September 2018 and hence the H4-EAD is also valid only until Sep 2018.

I'm due a H1-B renewal soon and do not plan on applying for the H4-EAD renewal when I apply for H1-B renewal this month.

My questions:
Till when would the H4 EAD be valid.
Will my spouse be out of status as soon as we are divorced ?
Since we are still married, is it mandatory to apply for H4-EAD renewal also when I file for my H1-B extension ?

Thanks

Sorry to know about your marriage.

Till when would the H4 EAD be valid. - Valid till Sep 2018 and after that need to apply for extension based on approval
Will my spouse be out of status as soon as we are divorced ? - yes, she wil be out of status as soon as you are divorced.
Since we are still married, is it mandatory to apply for H4-EAD renewal also when I file for my H1-B extension ? - it is not mandatory to apply for H4 extension along with H1B extension.

Something I learned from my friends divorce. You can give this advice to your wife so she can be in US.
Your wife filled U-visa and got her EAD.
You get U-visa and EAD for 2 years and you can renew it up-to 10 years.
When you on U-visa, you can not leave country.
She been on H4 and EAD, she can find employer to file her H1B next year. And if she gets selected, can move on to H1B and employer can start GC process.