Spouse's Satus

[newguitar]

Hello,
I'm currently on H1B and my wife is on H4. We used the H1B/H4 visas to enter the US last time. I also have an AP and EAD in my name, filed as part of the GC processing, but no such documents for my wife (I got married after all GC/AP/EAD processing started).

My questions are,
1. My old employer will cancel my H1B because I was laid off, how difficult will it be to get a new one? (is the quota over? can I transfer H1Bs?)
2. Can I start work on my AP/EAD. If so, what will my wife's status be?

Appriciate any help/pointers.

Thanks,
SC

[txh1b]

1. You are cap exempt and the quota does not apply to you.
2. You have to remain on H1b only for your wife to maintain legal status as a H4. If you use EAD/AP, you will become a parolee and your wife will fall out of status.

Read more here.

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/

[newguitar]

Thank you for the quick response. So I guess my working on AP/EAD is out.

1. Does this mean that a new company will have to transfer my H1B or file for a new one? Also, does the transfer/new application need to happen before the H1B cancellation?

2. (Also please let me know if I understand this correctly) If my wife was on my GC processing track (ie, I was married at the time of starting GC/AP/EAD processing) she would have got her own AP/EAD, and I could have used my AP/EAD to work in that case.

Thanks,
SC

[txh1b]

1. H1b transfer has to happen before your last paycheck or within 10 days of the last paycheck date (pushing it). Every H1b is a new H1b. Transfers are not subject to cap.
2. That is correct. If your wife had a pending 485 along with you as a derivative, you could have used AP/EAD.