My husband and I are both on our individual H1Bs. My husband's I-140 is approved and we meet the criteria to get EAD as per the new rule . I am on my 5th year of my initial 6 years H1B ,with a green card process pending with my company ( I don't even have a priority date yet as it was just filed).
I am unable to switch jobs with my current H1 as most employers who even do H1B transfer ask for a minimum of two years left on the current H1B.
I do want to take advantage of this rule and get EAD so that I can look for other jobs. I am trying to weigh my options now.
1) Should my husband's employer file an H4 petition for me?
2) Once the change of status happens from H1 to H4 until I get EAD , should I resign from my current job in between? Is there any intermediate state where in I can stay working and update the EAD with my employer?
I do not want a break in job but change of visa will take a while as i believe there is no premium processing for H4. Also I read somewhere applying for EAD will take 60- 90 days.
Can someone please guide me.