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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109656
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a doubt about h4 status for a divorce. No. This is

Customer Question

Hi I have a doubt about h4 status for a divorce
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: No
JA: Have you talked to a lawyer yet?
Customer: No . This is for one of my friend who cannot communicate . He is on h4 visa and his wife wife is on h1 visa she filed for a divorce. Question is can he apply for work visa depending on his skill set ? How long can he stay in this country before the divorce is finalized
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

What level of education does he have?

Customer: replied 5 months ago.
He is a graduate mostly his skills are in plumbing , electrical
Customer: replied 5 months ago.
No I want to continue on chat
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

But does he have a 4 year university degree? If not, what country is he from?

Customer: replied 5 months ago.
He is from India I think he has diploma
Customer: replied 5 months ago.
How much time he has to stay here before his divorce is finalized
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

He has until the divorce is final to leave the U.S. Once the divorce is final, he is out of status and begins accruing unlawful presence. At 180 days of unlawful presence, it is a 3 year bar that he cannot come back to the U.S. after he leaves unless he gets a very hard to get waiver. At 1 year of unlawful presence, it is a 10 year bar. If he can find an employer in time to file an H-2B for him, that could help to keep him in the U.S. Or he could change status to F-1 student or J-1 exchange status as long as he can file before his divorce is final.

For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for him. This is to prove that he would not be taking a job away from a U.S. worker. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

And here are the links to the F-1 and J-1:

https://studyinthestates.dhs.gov/

https://j1visa.state.gov/programs/

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!