H1 holder passed away. What options does h4 wife and daughter have

[aryan.007]

My friend (34 yrs old) passed away recently of heart attack. He left behind his wife and 3 year old daughter who are in H4 visa. My friends company are giving them medical insurance till August 2018 so they will surely stay here till then to sell off everything they had.

I am trying to find out if my friend's wife can continue her stay in US ? Can she work here and raise her daughter ? What do people do in such case if they dont want to go back to India. Can they seek asylum or can they apply for any adjustment in visa status ?

Any comments would be really appreciated.

[Trinity71]

My friend (34 yrs old) passed away recently of heart attack. He left behind his wife and 3 year old daughter who are in H4 visa. My friends company are giving them medical insurance till August 2018 so they will surely stay here till then to sell off everything they had.

I am trying to find out if my friend's wife can continue her stay in US ? Can she work here and raise her daughter ? What do people do in such case if they dont want to go back to India. Can they seek asylum or can they apply for any adjustment in visa status ?

Any comments would be really appreciated.

H visa holders are not eligible to file for adjustment of status. Once an H1 passes away because the H4 dependent visa is based on the H1, the H4 immediately falls out of status and is expected to leave the U.S.

The H4 could possibly apply for a COS (change of status) to B1/B2 to give her time to handle any outstanding issues here (which can have I-94 dates issued for a maximum of 6 months), but then would have to return to India.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71