My husband left me an year ago in August 2003, to go back to India. He subsequently filed for divorce in India. He was on an H1 when he left to India. He took up a job there with an MNC, and went for a Business Visa through them, which I understand would invalidate his H1 though he has his I797 form valid till 2005.
After 13 months before the divorce could come through, he said he was sorry for his behavior and asked me to sponsor an H4 for him to come back here as H1 cap has been reached and also since his H1 was no more valid.
Now since he is here , he wants to work and calims that I797 form of his is still valid. But I think that is working illegally as he is on an H4 now.
Will my H1 (principal applicant's) be affected if he does something like that as I have sent an affidavit of support I-134 from ,when he went for his H4 stating that I undertake that this person will not be a public charge in this country.
After 13 months before the divorce could come through, he said he was sorry for his behavior and asked me to sponsor an H4 for him to come back here as H1 cap has been reached and also since his H1 was no more valid.
Now since he is here , he wants to work and calims that I797 form of his is still valid. But I think that is working illegally as he is on an H4 now.
Will my H1 (principal applicant's) be affected if he does something like that as I have sent an affidavit of support I-134 from ,when he went for his H4 stating that I undertake that this person will not be a public charge in this country.