Hello! Hope everyone is staying safe! Along with many others, I was laid off by my employer due to COVID. Fortunately my spouse is on H1 and has an approved I-140 petition. We are going to file for my H4 EAD as soon as possible but there are a few things I wanted to clarfy
1 - Assuming I get a job and my employer is willing to file my H1 within the 60 days grace period then from what I have read that we can withdraw the Change of Status (COS) and the new employer can file for H1 transfer (I-129) concurrently and I can start working on the receipt. Would that be accurate
2 - Given these uncertain circumstances, if I am unable to find a job within 60 days but lets say I find one in 90 days, at this point my 60 days “grace period” is over and I still do not have an approved H4 (current processing times are 7-9 months), can my new employer file for H1 without an approved H4?
I just want to make sure what I am able to communicate the timeline to my new employer once my grace period is over.
Thanks everyone for their help!