Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use the EAD and move to H4 dependent as soon as my H1B expires when I terminate my job. Let me know if I have to be cautious or aware of any circumstances that can put me or my family situation in jeopardy.
That's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status application has been approved, while the new H-1B employer can file an H-1B petition for you, upon approval you likely will have to depart the U.S. and reenter with a new visa (if your previous H-1B visa has expired) or reenter with your previous still-valid visa and new H-1B approval notice. The point is this: USCIS likely will consider you ineligible for a change of status to H-1B when your underlying status is not H-4 but an applicant for H-4 status.
