Wait for H4 or apply right away

[loreto08]

Hi. Laid off last week with current employer (H1b). Spouse has H1b and still employed. I know I got time to look around for new employer who can sponsor my H1b. Wanted to check with you experts my best course of action, considering premium processing is not allowed as of now:-

Option 1) Apply for H4 Change of Status right away, as wife has H1b. In case I find another employer ready to do my H1b in the next few weeks/months, I can start the H1b process with the new employer. What happens to my previous H4 COS application in that case? 

Option 2) Wait and look for employers who can do H1b for me for the next 45-60 days (have approved I140, so should be able to use FINAL RULE grace period), and then apply for H4 if nothing works out in the next 45-60 days.

Option 3) Take risk and apply for 'I140 EAD for compelling reasons'. Not sure if it will be approved or what happens after 1 year with this EAD.

[shekar11#]

On 9/11/2017 at 5:38 PM, loreto08 said:

Hi. Laid off last week with current employer (H1b). Spouse has H1b and still employed. I know I got time to look around for new employer who can sponsor my H1b. Wanted to check with you experts my best course of action, considering premium processing is not allowed as of now:-

Option 1) Apply for H4 Change of Status right away, as wife has H1b. In case I find another employer ready to do my H1b in the next few weeks/months, I can start the H1b process with the new employer. What happens to my previous H4 COS application in that case? 

Option 2) Wait and look for employers who can do H1b for me for the next 45-60 days (have approved I140, so should be able to use FINAL RULE grace period), and then apply for H4 if nothing works out in the next 45-60 days.

Option 3) Take risk and apply for 'I140 EAD for compelling reasons'. Not sure if it will be approved or what happens after 1 year with this EAD.

Option 2 is best.