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Visa
H1B, H4 Visa
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Filing H4 and H4 EAD together with an extended change of status date
I'm currently on an F1 OPT STEM extension that expires in Feb 2025. My approved H1B, obtained via consular processing, will be revoked due to layoffs in mid-November. I then have a 120-day grace period to secure another job or leave the US. My husband's employer is willing to apply for my H4 and H4 EAD.
I have questions for three different scenarios:
Scenario 1: I'm curious to know if I find a new job within this grace period, would I need to go through the H1B lottery process again if the new employer is willing to sponsor my H1B?
Scenario 2: If the new employer isn't willing, my plan is to switch to H4 EAD. I understand H4 is typically approved first, followed by H4 EAD a few months later. If I apply for H4 and H4 EAD together with a change of status effective six months from November (around April 10th), does that mean my visa changes from F1 to H4 on April 10th, and my EAD also starts the same day? Or will there be a delay in receiving the EAD, leaving me stuck on H4?
Scenario 3: Lastly, if I don't secure a job within the F1 grace period ending mid-March and the change of status to H4 is effective from April 10th, what would be my visa status in the interval from mid-March to April 10th?
Really appreciate if someone could help me with answers to these queries!
I have questions for three different scenarios:
Scenario 1: I'm curious to know if I find a new job within this grace period, would I need to go through the H1B lottery process again if the new employer is willing to sponsor my H1B?
Scenario 2: If the new employer isn't willing, my plan is to switch to H4 EAD. I understand H4 is typically approved first, followed by H4 EAD a few months later. If I apply for H4 and H4 EAD together with a change of status effective six months from November (around April 10th), does that mean my visa changes from F1 to H4 on April 10th, and my EAD also starts the same day? Or will there be a delay in receiving the EAD, leaving me stuck on H4?
Scenario 3: Lastly, if I don't secure a job within the F1 grace period ending mid-March and the change of status to H4 is effective from April 10th, what would be my visa status in the interval from mid-March to April 10th?
Really appreciate if someone could help me with answers to these queries!
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