H4EAD Validity after layoff but I94 and previous h1b visa still valid till year end

Hi There

My spouse got layed off in Dec last year, he applied for h1 transfer but unfortunately it got declined as of yesterday, he has 30 days to reapply or re-appeal. Hi previous H-1b visa is still valid and so is I94 ( this is also mentioned in denial letter).
He has a project and his new employer is filing again.
Has a I-140 Approved

I’m on H4 EAD from spouse previous H-1B and working. My question is

  • Is my H4EAD is still valid and can I continue to work?

Appreciate any help here.

You can keep working only if your H4 status is maintained which is dependent on H1B status.

At this time, your husband H1B is ‘out of status’. Once H1B goes out of status, H4 also goes ‘out of status’ automatically.

Your husband can restart H1B status as long as he can go back to old employer and immediately start working and start h1B payroll.

If he cannot do it, then you all should leave US and wait for any new H1B transfer or extension outside US.

Thanks Anil, appreciate your response.
One more clarification if you can help…
In above situation, if new h1b is filed and got the receipt and I94 still be valid does that mean H4 status is also valid?


Your H1B’s current status is ‘out of status’. I do not think it is a good idea to file extension and still stay in US.

You should leave US even if another H1b is filed. If H1B leaves, H4 should also leave.