Working on H4 EAD with approved H1B

[sameepg]

Hello, I would appreciate some input on this issue. My wife had been working on H4 EAD since 2015 and it is still valid till Sept 2022. Her employer filed H1B for her this year and it would approved in November 2020. However she was recently notified that she would be laid off effective Feb 2020. The other noteworthy detail is that my employer has filed I485 with EB3 downgrade in October and I have Yet to receive receipt notice for it. My questions are

1) since my wife has an approved I129 H1B petition, I am assuming she is now in H1 status and no longer on H4 Ead. Does she only have to find new employer who can sponsor H1?
2) can she apply for new jobs now and use H4 EAd instead?
3) if she doesn’t find job with any employer sponsoring H1 by the time she is laid off plus 60 day grace period, does she automatically go on H4 visa with valid Ead and then get job on h4 EAD visa?

Thanks and let me know if any clarifications or more details needed.

[rkk09]

Hi Member,

1) since my wife has an approved I129 H1B petition, I am assuming she is now in H1 status and no longer on H4 Ead. Does she only have to find new employer who can sponsor H1?
Answer: If her H1B is approved with change of status then her status will be H1B. So as you mentioned, you will need to find a H1B sponsor who can do transfer of her H1B.

2) can she apply for new jobs now and use H4 EAd instead?
Answer: In order to get opportunity on H4 EAD, you will need to again file H4 change of status petition along with H4 EAD.

3) if she doesn’t find job with any employer sponsoring H1 by the time she is laid off plus 60 day grace period, does she automatically go on H4 visa with valid Ead and then get job on h4 EAD visa?
Answer: No. This is not correct as per my knowledge.. If you cross 60 days period then you will be considered as out of status for rest of the days you stay in the USA.

Thanks