Stay on H1B or move to H4 EAD?


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Recently my employer filed for my H1B amendment(location change) + extension in premium.SOC CODE:15-1121 (programmer analyst).We got RFE for specialty occupation to prove why a bachelor's degree is mandatory to sow lot of documentation.My employer is very small employer with just 4-5 employees.I have approved I-140.My current H1B i-94 is valid till 2019 April.RFE response is due in May first week.

Now my wife has an offer from a company B.She has approved I-140.Her new employer is willing to file my H1 to H4 EAD conversion in premium for concurrent processing along with her H1 transfer?
One attorney told me to go for H4 EAD as a backup option, so that in case my H4 EAD gets denied I can continue to work for next 3 years atleast and can switch back to H1B later.But another attorney told me timing could be a problem.

Now i am in a dilemma whether i should just continue on H1B hoping RFE will be cleared and I will get approval OR shall I go ahead and apply for H4 EAD  ?

Now a days with more and more RFEs,I am worried my wife's H1 transfer may also get RFE and the process might get delayed.I am also worried about the timing since looks like DHS is going to propose a new rule on H4 EAD inFebruary.

1.Did anyone filed H1 to H4 EAD concurrently in premium along with H1 transfer of your spouse ? Wanted to know how much time it took for you?How many days you had to stop working? Do you suggest i move to H4 EAD or stay on H1B ?

2.What happens if my H4 EAD get's approved after my H1 is approved ?

3.What happens if my H4 EAD get's approved after my H1 is denied ?

4.What happens if first my H1B gets approved and later my H4 EAD get's approved  ? 

5.What happens if first my H1B gets denied and later my H4 EAD get's approved  ? 

Appreciate your suggestion or sharing experience on this.

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IF you have approved I140 , switching between H1B - H4EAD - H1B is not a problem. I contemplated this scenario few months ago and consulted with my immigration attorney.

Timelines wise :

2. H4 EAD will hold as your status over H1

3. H4 EAD will hold as your valid status if H1 is rejected.

4. Anything that's approved later , holds validity.

5. same logic.

Since you hold I140 approval yourself , moving between the status is "Legal" but given the circumstances that "we" are in, your your best judgment before jumping off the ship.


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