Please suggest, employer is closing operations

F

forumhelp

Registered Users (C)
This question is about my wife. She is on H1B for a company since last two years working on a project. The company is closing operations at the end of this month and her project is getting over at the end of this month. We have an EAD and I am on H1B. If she switches to EAD after this month:
1. In future can she switch to H1B if some employer is ready for H1B? Will this fall under quota?
2. Is there any time limit to find a new job? How much time do we have to find a new job?
3. Is there anything else we should consider before moving to EAD or would you suggest to be on H1B for any reason?

Please suggest. Your opinion has always been helpful.

Thanks,
ForumHelp
 
forumhelp said:
This question is about my wife. She is on H1B for a company since last two years working on a project. The company is closing operations at the end of this month and her project is getting over at the end of this month. We have an EAD and I am on H1B. If she switches to EAD after this month:
1. In future can she switch to H1B if some employer is ready for H1B? Will this fall under quota?
2. Is there any time limit to find a new job? How much time do we have to find a new job?
3. Is there anything else we should consider before moving to EAD or would you suggest to be on H1B for any reason?
Click to expand...

1- Yes, she can get another H. Yes, will fall under quota unles the place is quota exempt.
2- No limit time, or even not work at all, I assume she is dependant on your pending I485 even she can use EAD for ever (till GC approved). If she is the principal applicant for GC, it is better for her to find another job as soon as possible in the same or similar field (again no stated time limit).
3- She is obligated to use the EAD if she want to work and the sponsor as you said is gone. Both EAD and H is for work, some like to keep the H forever, others, including myself, like the EAD. Each group has its own logic
 
Thank you mmed.

I had read in a post that the H1B will not fall under quota if a person switches from EAD and has not used 6 years. I have no doubts about your answer but could you please let me know that other than H1 transfer, when does an H1 not fall under quota?
 
If the company shuts down, her H1b become invalid. But her legal status remains as AOS. There is no point in "switching to EAD" if she is unemployed. If she finds a new job, she can either use her EAD, or apply for another H-1B (not under quota based on what you described).

For a dependent, it is probably not critical in most cases, and EAD is just fine. It makes more sense for a primary application to use H1B whenever possible, and in the mean time hold EAD as a backup.
 
forumhelp said:
This question is about my wife. She is on H1B for a company since last two years working on a project. The company is closing operations at the end of this month and her project is getting over at the end of this month. We have an EAD and I am on H1B.
Click to expand...
Who is the primary applicant of the I-485, you or her?
 
Sorry for taking time to reply. I am the primary applicant.

The lawyer suggests that if my wife is not working then we should apply for H4 and when she gets a job she can use her EAD. What do you recommend?

If yes, then could you please help me with my question. If a person is on H1B and uses EAD, the H1B is no longer valid. If a person is on H4 and uses EAD, the H4 will still be valid?

I asked my lawyer what happens if six months from now, she can find a new employer who is ready to apply for her H1B. My lawyer suggested that in that case a person will have to leave and enter to switch to H1B which could be a risk to the gc application.
Could you please suggest what do you recommend. Should my wife stop looking for an employer who is ready to apply for H1B sponsorship?

Thanks,
Forumhelp
 
forumhelp said:
If yes, then could you please help me with my question. If a person is on H1B and uses EAD, the H1B is no longer valid. If a person is on H4 and uses EAD, the H4 will still be valid?
Click to expand...
No. The H4 holder using EAD would lose the H4 status. If the H1B holder uses EAD, it voids both the H1B and the spouse's H4.
 
Last edited by a moderator:
Thanks Jackolantern,

Do you think of any other point on why the lawyer is recommending to go on H4 status?

Could you please help me with my second question:
I asked my lawyer what happens if six months from now, she can find a new employer who is ready to apply for her H1B. My lawyer suggested that in that case a person will have to leave and enter to switch to H1B which could be a risk to the gc application.
Could you please suggest what do you recommend. Should my wife stop looking for an employer who is ready to apply for H1B sponsorship?
 
Do you think of any other point on why the lawyer is recommending to go on H4 status?
Click to expand...
If she is in H4 or H1B status and your I-485 gets denied, she could still continue to stay in the US until the H status expires.
Should my wife stop looking for an employer who is ready to apply for H1B sponsorship?
Click to expand...
That's up to you and her and weigh the pros and cons and take a decision. But searching for H1B sponsorship will significantly reduce the number of potential employers, because most of them don't want to deal with the hassle of visa sponsorship especially in this economy where almost every open job already has truckloads of people applying for it.
 
You must log in or register to reply here.
Top