H4 to H1 to lay-off

[spattamatta]

My wife entered this country on H4 (I was on H1). She got job and she moved to her H1. We filed for I-485(Aug 16) and EAD (Dec 1st) (I am the primary beneficiary). Now her company is going to lay-off on Jan5. If we don't get her EAD by then, should we FILE for H-4 for her or she AUTOMATICALLY comes into H-4 status since my H1 is valid?

Srinivas

[immi888]

I can ask you one question:

Reverse back to H4 is not automatic regardless your H1 status. You need file for H4 for your wife to transfer from H1 to H4.

Hopefully, your wife can get EAD at that time. Save lots of problems.