Q: Can I apply for jobs after H1B ends while H4 EAD is pending?
I am currently on an H1B visa, but my project will end soon, and I plan to file for H4 and H4 EAD during the 60-day grace period. After this period ends, with my H4 and H4 EAD still pending, can I apply for jobs and attend interviews even though I can't work without an EAD or H1B? Additionally, if I receive a job offer after the grace period and the employer is willing to sponsor an H1B, can they file for H1B under premium processing while my H4 EAD is still pending?
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A:
Yes, you can apply for jobs and attend interviews after your H1B grace period ends, even with your H4 and H4 EAD still pending. Attending interviews and searching for employment opportunities is not prohibited while you wait for your immigration paperwork to be processed. The key restriction is that you cannot actually begin working until you have authorization - either through an approved H4 EAD or a new H1B.
During your 60-day grace period after your H1B ends, your status remains valid, which means your spouse's H4 status also stays valid during this time. This gives you a window to file your H4 and H4 EAD applications. After filing, you can legally remain in the US while these applications are pending, even if the grace period ends.
Regarding your question about H1B sponsorship, a new employer can indeed file an H1B petition under premium processing while your H4 EAD is still pending. If this new petition is approved, you would transition back to H1B status from your pending H4 status. I recommend consulting with an immigration attorney for guidance specific to your situation, as timing and documentation requirements are crucial when navigating these transitions.
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