The 60-day grace period can be swiftly exhausted, and losing your job while on an H1B can be quite stressful.  It can be difficult to find a new company who would sponsor your visa.  But if your spouse has an approved I-140 and an H1B, switching to an H4 EAD can be a good way to stay in the country and keep working.  

Spouses of H1B holders are eligible for the H4 visa, which allows them to work for any employer or even launch their own company.  You must submit Form I-765 for the EAD and Form I-539 to change status in order to accomplish this transition.  The drawback is that until your EAD is approved, you are unable to start working.

Standard applications might take months at times, and processing periods can vary greatly.  Although superior processing is offered, it is more expensive.  To speed up the procedure, some people decide to leave the United States, get an H4 visa stamp in India, and then come back to file for the EAD.  There is a catch, though: your spouse's job will now determine your immigration status.  Your job status will change if theirs does.  Furthermore, returning to H1B later on can be challenging and might necessitate reapplying for lottery tickets.
 
Notwithstanding these difficulties, the H4 EAD is a solid fallback option for anyone wishing to enter the country lawfully.  Even so, it might not be the ideal scramble.  Taking the initiative can have a big impact.  Being aware of your alternatives and taking prompt action are crucial.  Despite the unpredictability of layoffs, having a strategy in place can help reduce needless worry.
 
 

 
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G GOWTHAM

05/03/2025 11:46 AM