Thank you all very much! While the divorce itself is a sad thing, at
least she can still continue with her life here.
I am sorry if I appeared confused, but I am clear now.
"Sylvia Ottemoeller" wrote in message news:...
> "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. |