Srvas Posted April 23, 2020 Report Share Posted April 23, 2020 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, Quote Link to comment
User099 Posted April 23, 2020 Report Share Posted April 23, 2020 You can use the EAD for 60 days after the layoff date or till I94 expiry date which ever is shorter. You are eligible for 6 years of H1, H4 status will not count towards it. I am not sure if the CAP GAP will apply in your case to cover for the period from May to Oct. Quote Link to comment
JoeF Posted April 23, 2020 Report Share Posted April 23, 2020 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. Quote Link to comment
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