H4 Change Of Status and EAD concurrently

[vijayshree]

I am on H1B and my company told me there going to lay-off by end of Aug. My H1B is expiring in Oct 2015. I have my I-140 approved from my existing company. My spouse also has H1B and I-140 approved from his employer. I want to continue working. Just want expert opinion what are the best options I have for me to work in USA?

 

Should I transfer my H1B to other employer immediately?

 

Should I file for H4 Change Of Status and EAD concurrently effective from Sep 1st? Generally how much time USCIS take processing H4 COS and H4 EAD?

 

Do company generally cancel approved I-140 after lay-off?

 

Can I come back on H1B status later based on my previous approved I-140 with new employer?

 

If I file for H4 COS and H4 EAD and if I found new employer which is ready to file my H1B how things will work in that case.

 

If my spouse also switch the job later based on AC21 portability my H4 EAD will be still valid?

 

[jairichi]

It takes 3 to 4 months for COS to H4 approval. Another 90 days to get EAD approval.

Only a valid I140 makes you eligible for being cap exempt.

As long as your spouse's I140 is valid your EAD is valid.

[vijayshree]

Thanks for reply.

Regarding H4 EAD validity based on the valid spouse I-140 I read somewhere that it is not directly tied to spouse I-140. As long as spouse has valid status based on AC21 portability H4 EAD should be valid.  Suppose my spouse has 1 year H1B validity left (Extension was based on approved I-140). If he change job he will get H1B extension for another 3 years? Will that extended  2 years stay not come under AC21 portability since spouse was already having I-140 approved during H1B extension? In this case how come USCIS consider I-140 validity?