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F1-->f1-opt Or F1-->h4-->h4ead Conundrum

Discussion in 'H4 employment authorization' started by madhut, Sep 19, 2015.

  1. madhut

    madhut New Member

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    Hello members - Below is my current situation. Please review and opine.

    I'm a spouse of an H1B holder whose I-140 is approved and also H1 is 6+ years.
    So I qualify for H4-EAD. My timelines.

    Aug:2014--> Started graduate study STEM prog (Masters) on H4
    Oct: 2014--> Change of status approved while in USA from H4-->F1
    May-2015--> Travel to India for F1 Visa stamping
    Aug-2015--> Started final semester on F1 Visa

    To eliminate the possibility of gap in employment (STEM extension uncertainty) ,I wanted to expedite converting to H4-EAD. Questions/concerns below.

    Target is to have H4-EAD by Dec: 2015.
    By travelling to India during the middle of my final semester , can i expedite change of status from F1 to H4 which otherwise staying in USA takes approx: 3-4 months ?
    What would be the justification to be provided for travelling to India in the middle of semester ?
    What would be the justification for change of status from F1 to H4 when I'm OPT eligible ?

    Thanks in advance
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You don't really have to give a reason for wanting an H4.

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