H1B grace period about to end; spouse on H4EAD got an offer

[RamadhirSingh]

Hello everyone,

Hope everyone is staying safe in these crazy times. I, like many, got impacted at job due to Covid19 and my 60 day grace period is ending on 30 May. While I am preparing to file for COS to B2, my wife, who is on H4 EAD, got a job offer. Our i94 is expiring in September 2020.As per USCIS website, current wait times for COS is 6-8 months.I have.following questions:

- Will she still be able to work on H4 EAD while COS is pending?
- I have I140 approved. If I get an offer during COS pending and a company is willing to sponsor my H1B, will I be able to cancel the COS petition?

Thanks for your help.

[R78]

You need to file for B2 and get receipt asap.

In your case, the H4 EAD can be used as long as the underlying I-140 petition is not revoked.

If you get an offer, then just make sure your attorney knows of a pending COS to B2. They should still be able to file for H1. However, since this will be outside the 60 day grace period, you cannot start working unless the H1 transfer is approved