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Have an i140 approved - Going to H4EAD

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Hi team,

My spouse is currently working in a company which applied her GC and the i140 was approved an year before. The company have given her notice to shut down and she is looking for a job now. Her last day at work will be July 31st.

Which of the following options are best to consider?

1. Try to find a job and do a H1 transfer as soon as possible.

    There is no way a company can hire and file the H1B before July 31st. So we are not banking on this option.

2. Use the grace period of H1B which is 60 days and do a H1B transfer within the grace period.

    If this option of trying to utilize the grace period is chosen, we would like to know whether COS to H4 EAD can be done during the grace period if in case we        are not able to get a job for my spouse on H1B.

    Also, will the job search during grace period be considered Out of Status?

3. Move to H4 EAD before the grace period and then find a job to transfer to H1B again.

    If we move to H4 EAD - what will happen to the i140 and priority date when she get back on to H1B?

    Will the current i140 approval help her get extensions beyond 6 years (her 6 years of H1 will be done by Oct 2019) once she gets back on to the new H1B?

Also, what is the difference between H1 to H1 transfer and H4 EAD to H1 transfer (COS)  when it comes to USCIS point of view.

Thank you in advance for your time and effort on this.



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1. Why is it not feasible?  There are hundreds of consulting/staffing companies who can apply for H1.

2.  There is technically NO such thing as "H1 Transfer".  when a candidate moves to a job, then new employer have to apply for H1 so that candidate can work for them.  You can apply for H1 to H4 EAD COS at any time before July 31st or within 60 days grace.  But there are chances of getting a query if you apply within the grace period.

3. Yes, you can COS to H4 EAD and then again H1B if your spouse finds a new employer.  Her I-140 and priority date will stay with her, and she can also get 3 years extension based on the approved I-140 once she gets back on H1B.

"Also, what is the difference between H1 to H1 transfer and H4 EAD to H1 transfer (COS)  when it comes to USCIS point of view."  I didn't get this question..

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