I have married to h1b holder, my spouse incarcerated since 8months, the case is pending in Federal court, there is possibilities of immigration detention, if my spouse gets deported. Will they also deport me ?
If your spouse's H-1B status is cancelled or revoked , you will not be eligible to hold the H-4 status. Hence, you will have to change to another status or depart the U.S.
Hire an attorney to figure out if he is maintaining H-1B status at this time.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
If your spouse is no longer employed by his H-1B employer he is not maintaining H-1B status - and hence you are not maintain H-4 status. You need to consult with immigration counsel immediately to assess your current situation.
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