H1B Lay Off - H4 + EAD need to be filed again during Grace Period along with H1B Transfer ?

[Ravi Kr]

I am working with company A and accepted another full time position in Company B. So I applied for H1B Transfer to Company B. i got lay off on 1 Jul,2019and i received the approval notice the next day with a start date 29 Jul,2019 with Company B. At the time of filing the transfer petition, the attorney suggested that it is not mandatory to file H4 + EAD extension along with my H1B Transfer Petition as my spouse EAD is valid until Sept,2021 and it will be good until that date once my transfer petition approves.

My question is since i got lay off and there is a gap of 28 days between my termination date and new start date which is 29 July,2019.  Do i need to apply for my spouse H4 + EAD Extension with my newly approved H1B Transfer since there is a gap and even though i am in 60 days grace period limit to move to a new employer?

[shekar11#]

23 hours ago, Ravi Kr said:

I am working with company A and accepted another full time position in Company B. So I applied for H1B Transfer to Company B. i got lay off on 1 Jul,2019and i received the approval notice the next day with a start date 29 Jul,2019 with Company B. At the time of filing the transfer petition, the attorney suggested that it is not mandatory to file H4 + EAD extension along with my H1B Transfer Petition as my spouse EAD is valid until Sept,2021 and it will be good until that date once my transfer petition approves.

My question is since i got lay off and there is a gap of 28 days between my termination date and new start date which is 29 July,2019.  Do i need to apply for my spouse H4 + EAD Extension with my newly approved H1B Transfer since there is a gap and even though i am in 60 days grace period limit to move to a new employer?

Not needed. You have a grace period of 60 days and looks like you are within that window. Your attorney is right.