"visa_ques" wrote in message
news:de24e5a3.0402130647.21304f09@posting.google.com...
> Ok - I am somwhat confused.. and sorry if I am slow. Let me restate
> the facts and my questions.
>
> 1. We are married
> 2. I am on an F1 and my wife is on an F2 Visa, which she used to enter
> 3. My wife applied for a change of status to H1B and this petition was
> approved and she is now working. She does not have the H1B Stamp.
> 4. We are in the process of filing for a divorce - we have been
> talking about it, but the papers have not been filed.
> Questions:
>
> 1. After the divorce: Does my wife have to get the H1B stamped on her
> passport or can she continue to remain here as long as she does not
> leave the country? I was assmuming that she since came here on a
> dependant Visa and will no longer be a dependant after the divorce,
> she will have to get the H1B stamp to remain here.
>
> 2. Before the divorce papers are filed: Can my wife leave the country
> and return on the F2 Visa stamp, even though she has a H1 Status
Ingo and Jozef have answered your questions, but I have a feeling that
something is not clear to you. If your wife has H-1B status, and if she
leaves the U.S., and if she re-enters using her F-2 visa stamp, she will
then have F-2 status. She must be **off** the payroll of the H-1B employer
(that is, stop working) by the day that she holds F-2 status.
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