Layoff - Can I change status from EAD to H1 and then again to EAD.

[Hroom]

I am on an H1B visa, got laid off .I  am now in a 60 day grace period. I have approved employment based EAD. I am getting married in November .My fiance  is in the US on  F1 visa.

1) Can I use my EAD now for the time being and change my status to  H1B when I have an employer for H1 filing .

2)  After marriage, Can I add my spouse to EAD status ?

3)   I want to check options.

       Can I change status from EAD to H1 and then again to EAD.

If so, what is the process?

[JoeF]

There is no way for a dependent to get an EAD based on your EAD.

If you stay on H1 your spouse on H4 can get an H4-EAD.

[Attorney_22]

On 6/11/2023 at 3:22 PM, Hroom said:

I am on an H1B visa, got laid off .I  am now in a 60 day grace period. I have approved employment based EAD. I am getting married in November .My fiance  is in the US on  F1 visa.

1) Can I use my EAD now for the time being and change my status to  H1B when I have an employer for H1 filing .

2)  After marriage, Can I add my spouse to EAD status ?

3)   I want to check options.

       Can I change status from EAD to H1 and then again to EAD.

If so, what is the process?

If you are referring to a compelling circumstances EAD, yes, derivative spouses can also benefit and obtain an EAD. However, this EAD is only temporary and is not status. To get back into status you will need to travel and re-enter pursuant to a valid H1B. To discuss your circumstances, it is best you speak with your immigration attorney directly.