Currently working on H4 EAD and my H1B under processing . My spouse got laid of . Can I continue to work?

  1. I am currently working on H4 EAD. my H1B is applied(out of cap) in normal processing. My spouse got laid off . Can I continue to work on my H1B receipt ?

  2. If answer to 1) is no , Is not my wife’s H1B status valid for 60 days after layoff ? Can I continue work for 60days?

  1. No, you cannot. Until you get h1B approved. The working on receipt only applies to cap exempt transfers from H1B to H1B.
  2. No, it is not valid. Basically, they are out of status, it is just provision to apply for transfer and discretionary. Read H1B Grace Period 60 Days

Hi Kumar,
Article you shared mentions that person laid off(currently on H1B) will not be out of status for 60days. Then my h4 status is also valid right ? and I can continue to work on H4 EAD ?

Read closely the screenshots, it is only for H1B holder. It is a grey area…Please talk to an attorney before you engage in any activity, the last thing you want is risking your status… Also, do update here for community benefit once you have confirmation from attorney