Being laid off while on an H1B can be incredibly stressful, and the 60-day grace period can sip away quickly. Finding a new employer willing to sponsor your visa can be challenging. However, if your spouse holds an H1B with an approved I-140, transitioning to H4 EAD could be a viable option to remain in the U.S. and continue working.
The H4 visa is designed for spouses of H1B holders, and the H4 EAD permits them to work for nay employer or even start their own business. To make this switch, you’ll need to submit Form I-539 to change status and Form I-765 for the EAD. The downside is that you cannot begin working until you receive your EAD approval.
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Processing times can vary significantly, with standard applications sometimes taking months. While premium processing is available, it comes at an additional cost. Some individuals choose to leave the U.S., obtain an H4 visa stamp in India, and then return to apply for the EAD, which can expedite the process.
However, there is a caveat—your visa status will now be tied to your spouse’s employment. If their job situation changes, yours will too. Additionally, switching back to H1B later can be complicated and may require re-entering the lottery.
Also Read – Gold Card Panic: Trying to Replace H-1B?
Despite these challenges, the H4 EAD serves as a reliable backup plan for those looking to stay in the U.S. legally. While it may not be the perfect scramble. Being proactive can make a significant difference.
The essential part is to understand your options and act quickly. Layoffs can be unpredictable, but having a plan in place can help mitigate unnecessary stress.
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