Laid off on H1 - I-485 vs. H4 COS options


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Hello experts - Have an urgent question for you. Here is my situation:

  • I got laid off on H1 back in Dec and the 60 day grace window is expiring in the next week or so
  • My spouse was able to file I-485 with approved I-140 end of Oct’20 alongwith my dependent I-485
  • We have our receipt numbers but both our EAD applications are still pending (not even fingerprinting)
  • Spouse law firm has recommended we should be safe and file my H4 within 60 day time period

However my concern is being able to go back to H1 if I do find a willing sponsor while EAD is still awaited. With the super slow processing times of H4 COS petitions, my understanding is that if I have H4 COS pending, my understanding is that will complicate the H1 petition and it might get denied or I might have to exit the country and do consular processing which I would rather not do.

Could the experts pls advise if that is the right assumption and would the best course of action be filing H4 COS or continue to be in I-485 pending status?

Thx much!

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