Wife lost her job last week. Wondering if we should apply for H4 EAD while she waits for her next job. We have I-140 approved. I understand that H4 EAD is tied to primary applicant’s H1B, there is also the risk in the program. But other than that, what are some possible downsides of applying for H4 EAD right away? Since she held a valid H1B, assuming she wont be subject to cap if the need arises to go back to H1B down the line. Also roughly, how long would it take to get the H4 EAD if I apply for both at the same time? I am also planning on consulting an attorney next week, and will update this post if I learn anything new.
You need to apply for H4 change of status first. Then, you can apply for H4 ead. I don’t know if you can do it along with H4 change of status but the attorney should be able to help you. Also, H4 ead can be applied only when you have i140 approved. If not, make sure you get that sorted out. All in all, it will still take a few months for H4 + H4Ead to arrive. Start sooner. Good luck.
You can do H4 COS and H4 EAD together, but it will take 6 months to get approved. Speaking from my experience pre-covid. Right now, it may be more. Also PP is not available for H4
In the process if she gets another job, can she just stay on H1B while allowing the h4 ead transition to continue?
No. U have to wait for h4 to get approved and then apply for H1. My wife had to go through this. She had to wait 8 months (6 for h4 and 2 for h1). U auto need to wait till h1 gets approved and cannot join on receipt.
She already lost the job right - so there’s nothing you can do to stay on H1 status. Have to switch to H4 and then get back to H1 when you have a job.
H4 processing times are currently painfully long and the applications during covid are literally in black hole.
She has 60 days to find a new job and the new company should apply for transfer within that. After that, she will not be in proper status. Even if she gets a job after 100 days, it is going to be difficult to do change of status. You can and should apply for h4 and h4 ead right away, while you wait for a new job. If she finds it within 60 days, withdraw the h4 application. If you don't, then whenever it gets approved she will be on h4 and will lose her h1b. DM me if you have more questions
Hmm. What's the point? It's about getting a job first right? When she gets a job, best to transfer back to H1b. If it takes longer than 2 months, she can be change starts to H4 but come back to H1b once she gets a job.