Death of H1B worker. Must H4 wife leave the USA?

[wombat]

CALIFORNIA


I am hoping somebody will be able to provide an answer on this urgent matter.

The husband, a H1B worker, is in coma following a brain hemorrhage.
We are trying to prepare for the worst.

What happens to the H4 wife and the US citizen 5 month old child?
Do they have to leave the USA immediately in case the husband dies?

Thanks,
Srini

 

[ImmigAttyLana]

NOt immediately, but the H-4 status terminates once the husband dies since the H-4 status is dependent on the spouse being in H-1B status. If there is no more H-1B spouse, then the H-4 spouse falls out of status immediately. However, you would not become unlawfully present until after the I-94 expires. You can explore options for getting a H-1B in your own right or changing to another status that would allow you to remain in the US independent of your spouse.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.