Consular H4 or concurrent H4/EAD?

[ashwinit]

My husband lost his job on 28th Oct

His H1 valid until - 6th dec 2016 (end of 6th year)

 

I have a valid H1B (expires in June 2018) and an approved I-140

He is currently looking for another job and we are also evaluating CoS to H4 and EAD.

 

Following questions - 

1) When should he apply for his H4 CoS process?

 

2) Given the current processing times whats the quickest way to get an EAD -

     a) Concurrent H4 CoS and H4 EAD?

     b) Consular H4 stamping and then get back in USA and file H4 EAD?

Approximate processing time for both options above?

 

3) While CoS is in-process, can a new employer transfer his H1B (will the H1 portability work in this scenario?)

 

Thanks!!

[jairichi]

1. He should have applied for COS before his last day of employment. Currently he is out of status.

2. Answer b.

3. Yes, but he can start working only after his H1B is approved.

[ashwinit]

Thanks @ jairichi

 

It was a sudden job loss, so could not anticipate and file for CoS before last day of employment. 

He is currently out of status, but is there like a grace period within which one has to file for CoS? a week/a month maybe?

 

What is the processing time for option b above?

[jairichi]

Thanks @ jairichi

 

It was a sudden job loss, so could not anticipate and file for CoS before last day of employment. 

He is currently out of status, but is there like a grace period within which one has to file for CoS? a week/a month maybe?

 

What is the processing time for option b above?

He can apply even now for a COS. Delaying it further might be an issue.

H4 visas are normally approved immediately. EAD takes 90 days after filing an application.