H1 holder passed away

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nj_skm

Registered Users (C)
My friend, an H1B visa holder, passed away on Saturday. His wife and seven year old son are on H4 visa and a two year old daughter is a citizen.
How long does his family have before they will be considered overstaying? I believe the H4 visas expire on May 19th.
The lady is qualified to get an H1B visa on her own merit, as she as a master's degree in computer science but hasn't been working for the last few years. She would like to continue living in the US.
The most important issue for her right now is how much time she has available on her H4 status. Next is finding an employer to file an H1B petition for her.
I heard somewhere that she only has a ten day window. If this is correct, is there any way she can petition for a longer stay? They had purchased a home and selling it would obviously take time.
Can someone help out with an answer? Any suggestions on getting her a 60 or 90 day grace period would be really helpful.
Thanks,
nj_skm
 
Thanks, nkm-oct23.
What if the I-94 has already expired or has a very short time remaining, say a week or so? Would a reasonable extension, say 90 days, be granted upon request?
 
nj_skm said:
Thanks, nkm-oct23.
What if the I-94 has already expired or has a very short time remaining, say a week or so? Would a reasonable extension, say 90 days, be granted upon request?
Click to expand...

If I-94 is expiring, unfortunately an extension cannot be granted under H4 category. One can try for a change of status to B2 which requires applicant to prove that he/she intends to remain in US on a temporary basis.
 
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