My company has communicated that it is going to do a massive layoff 50% of our IT dept in 2 months from now, in June 2020 as phase 1 and Dec 2020 phase2.
Currently, both I and my spouse are on H1B visas and have approved I-140s. Since there is a 60% chance that I might get laid off here in June 2020, here are my options regarding maintaining my legal status, as I continue to do my job search.
Be proactive now and by May 1st, 2020, apply for a change of status with USCIS for H4 & H4 EAD petitions simultaneously, using my spouse’s old employer I-140 (hopefully not revoked), as it could take at least 4 months for USCIS to process, so it would probably be Sep 2020 before I get to know a decision on these petitions.
If I am not in phase 1 layoff list, which will complete by June 30, 2020, then I plan to file withdrawal for my H4 & H4EAD petitions in July 2020, as I understand that per the ‘last action rule’, I can be on only 1 status (H1B or H4/H4EAD) at any given time and so it would impact my current H1B status and associated approved I140 with my current employer.
But if H4 and/or H4 EAD get approved separately or simultaneously, earlier than June 30th, 2020, then my current H1B will end, since new H4 or H4EAD would become effective and so my job and approved I-140/priority date could be lost.
Is it wise to file early now or am I over-preparing? Could you advise if you see any other risks or concerns that you see with the above proactive approach?