H4 EAD to H1CAP


Srvas

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Hi ,

I am Working in US with a Valid H4EAD for the last three years. Last month my husband has been layed off (March 2020). How long can i work on H4EAD now ?

My employer has filed a new H1B in CAP this year and it was picked in lottery. Question:  Am i eligible for the new H1B CAP ( After working in the US for last three years in H4 EAD)? 

Since i got picked for H1B CAP Lottery , on what status should  i stay in the US legally till Oct 2020 to start working from then?

Thanks,

 

 

 

 

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Your husband has a 60 day grace period from the layoff date. If he hasn't found a new job by then and the new employer has filed an H1 he would be out of status, and your H4 and EAD would become invalid. At that point you have to stop working.

The only way to stay would be to file a change to B2 before the end if the grace period.

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