H1B - H4EAD - H1B

[maria_steven]

I am currently on H1B visa sponsored by my current employer. I have completed six years on my H1-B and continuing based on an I-140 approved through my current employer. My current I-797 expires in April 2019. My project got outsourced and hence I got laid off and I am now on notice period for till first week of January, 2017.
 

1. I haven’t got a new job yet. My spouse is on H1B visa and if I decide to go on H4-EAD in Jan 2017, will I still be able to switch back to my H1B when I want since I have it approved for 3 years and I haven’t consumed all of the available time.

 

2) If I decide to go back on to my H1B from H4-EAD, will I be eligible for cap exempt? Also will I be able to get 3 years of extension based on my approved I-140?

 

3) What are the typical lead times for H1 to H4 and H4 to H1 change of status? Based on the notice period my last day of employment with my current employer is Jan 6^th, 2017. Can I wait till Jan 5th to apply for H4 so that I do not go out of status?

 

4) How long does it take to get H4 EAD? Can I file H1 to H4 Change of Status and H4 EAD concurrently?

 

5) Will I be able to get any grace period for my H1 based on the new law that will be in effect on Jan 18, 2017 eventhough my last day of employment with my current employer is a week before jan 18th?

 

Thanks

 

 

 

[shekar11#]

1. There is no automatic switching back. Every time you need to apply change of status with USCIS which takes about 2 to 4 months or you need to exit the country and get your new status stamped.

2. You will be cap exempt.

3. 2 to 4 months

4. You can file concurrently, but cannot work until you get approved EAD in hand.

5. No.