Urgent H4 Visa Holder's Options After Spouse's Passing and I-140 Pending

R

RandM

New Member
I am seeking guidance regarding my visa situation following the loss of my husband, who passed away on February, 2025, due to cancer. He was on an H1B visa, and I had H4 visa with EAD. We both worked for the same organization. I lost my job on February 5th.

My husband had filed for EB1A in March 2024 is pending, and his EB2 NIW was approved with a priority date of April 2020. My I-94 is valid until August 2027. I am also considering requesting the reinstatement of my husband's I-140 application.

My questions are as follows

  • I need clarity on when I would start accruing unlawful presence—would it be 10 days or 60 days after my husband's passing, or does it extend until the end date on my I-94
  • What options exist to maintain legal status while awaiting I-140 reinstatement?
  • When does my unlawful presence begin exactly?
  • Do you suggest me applying for B1/B2 visa or F1 visa?
  • Should I change status to B1/B2 to get more time to wrap up affairs here. Once reinstatement is approved, go to India and apply for GC via consular processing once priority date is current.
  • How will my situation affect future visa applications?
  • Is my driver's license still valid under these circumstances?
I-140 Reinstatement/Consular Processing:

  • What's the success rate for 204(l) cases like mine?
  • What evidence is needed for I-140 reinstatement and green card application?
  • What's a realistic timeline for the entire process?
  • How can I maintain legal status throughout the process?
  • Can I travel during processing, and what are the risks?
  • How will any unlawful presence affect consular processing?
 
I am sorry for sudden events in your life.
I actually am in such a predicament helping my family.

BTW, Rand you are leagle till I-94 expires.
 
RandM said:
I need clarity on when I would start accruing unlawful presence—would it be 10 days or 60 days after my husband's passing, or does it extend until the end date on my I-94
Click to expand...
You will start accruing unlawful presence after the date on your I-94.

RandM said:
Should I change status to B1/B2 to get more time to wrap up affairs here. Once reinstatement is approved, go to India and apply for GC via consular processing once priority date is current.
Click to expand...
Up to you. But note that this would be a late Change of Status (since you are already out of status), so we don't know if USCIS will accept it. If they deny it, you will start accruing unlawful presence as of the date of the denial. If they approve it, you will start accruing unlawful presence after the date on the new I-94 (B2 status is only 6 months). In both of those cases, you will start accruing unlawful presence faster than if you didn't apply.

RandM said:
What's the success rate for 204(l) cases like mine?
Click to expand...
If you meet the requirements, I don't see why it won't succeed.

RandM said:
How will any unlawful presence affect consular processing?
Click to expand...
If you accrue between 180 days and 1 year of unlawful presence and then leave the US, you trigger a 3-year ban. If you accrue more than 1 year of unlawful presence and then leave the US, you trigger a 10-year ban. If you have a ban, you cannot get an immigrant visa until the ban is over or is waived.
 
i am sorry for your loss . I found a link ,pls check you might get some help . I have added link into file. This is just simple uscis link . Since portal is blocking to post link . Or look for policy-manual/volume-7-part-a-chapter-9 on usics site
 

Attachments

Last edited:
You must log in or register to reply here.
Top