H1 - H4 - H1

[ashabc]

My husband has approved I-140 and H1-B (current extension expires in Jan 2022). He is in 7th year H1B. 

I have my own approved I-140 and H1-B (current extension expires in Jan 2021).

 

My husband has to leave his job on March 31st, he has 60 days grace period to have a new employer file for H1B.

I was weighing our options in case he cannot find another employer to file H1B within the 60 days grace.

 

Option 1: Apply for Change of Status to H4 based on my H1B

By when should we start this process to be safe?

If we file for Change of Status to H4, and he finds an employer to sponsor H1B:

 - can the new employer even file for H1B based on his previous I-140 (I ask because he has completed 6 years on H1B already)

 - can he take up the new job while H4 application is pending? Should we withdraw H4 application at that point?

 - would the new H1B be consular processing or change of status?

 - what happens if new H1B is approved, he starts the job, and then H4 application gets approved? Does that mean he goes back on H4?

 

Thanks in advance

[User099]

Why can't he switch to H4 and apply for EAD and work on EAD?

If I140 is approved for more than 180 days, any new employer can file for H1 extension/transfer based on it. 

It would be better to apply for H4 atleast 20 days before the expiry of the 60 day grace period. It will give you enough time to get a receipt for H4 petition.

If you have both H1 and H4 files concurrently, then order in which H4 and H1 peitions are approved will matter and will determine which status he is on finally.