H1B petition when my H4 ChangeOfStatus + EAD application is pending

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I am on H1B with an Approved i140 (priority date in 2017) I was recently affected by a reduction in force (layoffs) and i have 60 days to find another employer to submit by H1B petition. My Spouse is on a H1B with an Approved i140 as well (priority date in 2016). I am planing to apply for my H4 + EAD change of status based upon my spouse's H1B.

  1. Lets say i apply for the change of status before my 60th day of grace period.
  2. I see the H4 EAD and COS application will take 6+ months to be approved.
  3. Now lets say in a month or 2 I find an employer who is willing to sponsor my H1B.

Can I apply for H1B with this new employer via premium and if I do so will there be any implications from my pending H4 EAD application? If there are any implications what would be a good work around this situation. Any help here will be of great support.

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  • 2 weeks later...

Thanks a lot for the reply. Regarding my #3 question above - Lets assume my H4 COS was applied on Day 55 of my grace period. Lets say i am on Day 65 after my last day of employment.  Now I have a H1B employer who is willing to sponsor my VISA this week. Can I apply for my H1B transfer in premium and once I get it approved, can I withdraw the H4 COS?


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