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F1 Opt Ead To H4 Ead - Possibility Of No Employment Gap?

Discussion in 'H4 employment authorization' started by vastav, Jun 13, 2015.

  1. vastav

    vastav Junior Member

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    Hi Ron,

    Firstly, thanks for helping a lot of individuals on immigration related queries. This is an invaluable help and support. My sincere thanks to you!

    Currently, I am on F1 OPT and working with EAD. My OPT is valid until September 2016. My husband has a valid I-140 and I am planning to move to H4. From earlier forums, I get the idea that I can apply for COS from F1 to H4 and for H4 EAD together. I am not in a situation to take a break. My question is am I eligible to work once my COS has been approved while waiting for H4 EAD since I have a valid OPT EAD?

    I'm also planning to visit India in November, so what should be my best move between these 2 options:

    1. Apply for COS from F1 to H4 and apply for EAD. Is there a possibility to continue employment without gaps in this process?
    2. Travel to India in November, get F1 stamped and return back on F1 so that I can continue my work with OPT EAD. What is the possibility of my F1 getting stamped without issues?

    Thank you very much in advance for spending time and replying to this Post !!

    Regards,
    Vastavi
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Almost certainly, there is going to be a gap in your employment authorization. While you may apply for a change of status to H4 and an EAD at the same time, they aren't going to process the EAD application until you first have H4 status.
     
    shilpa.qa09 and vastav like this.
  3. shaan

    shaan New Member

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    Ron,

    I am in same situation. would USCIS take another 90 days after H4 change of status is approved. Does that mean I should resign from my current position as soon as H4 change of status approved?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unless you have employment authorization, yes.
     
  5. vastav

    vastav Junior Member

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    Thanks for your feedback, Ron. So, do you suggest option #2?
    i.e Travel to India in November, get F1 stamped and return back on F1 so that I can continue my work with OPT EAD extension.

    What is the possibility of my F1 getting stamped without issues, considering that I graduated in December 2013? I've asked my employer to provide a letter stating that I'm under optional practical training with their company in the field related to my Masters program and as a part of my curriculum. I've also got an I-20 from the University. What other documents do you suggest me to carry for F1 visa stamping interview in India?

    Regards,
    Vastavi
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It is going to depend on your individual circumstances and the perceived likelihood that you will return to India upon completion of your OPT.
     
  7. shaba

    shaba Junior Member

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    Sorry If this has already been answered but can I request a change of status to H4 with a effective date in the future. ? My F1 OPT is valid through May 2016 and I was wondering If it is possible for doing a COS from F1 to H4 and requesting a effective date of say Oct / November 2015 to minimize the gap in employment.

    If not is it ok if I take a Leave Of Absence without pay rather then resigning for the interim period between my COS being approved and EAD being approved ? Thank you and appreciate your help.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can ask for a future effective date, but almost certainly they will not honor it. You may take a leave of absence while you are waiting for your EAD.
     
  9. shilpa.qa09

    shilpa.qa09 New Member

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    Hello Ron, Thank you for taking time in answering our immigration questions. I have a quick question regarding the COS from F1 to H4 and then apply for H4 EAD

    Currently I am on CPT from past year and I have extended it upto July 2016. My husband has an approved I 140. I am planning to go on H4 by applying COS form F1 to H4 and then apply for H4 EAD.

    1) If I am within USA and apply for COS- How many days approximately would it take for my H4 to be approved?
    2)If I am outside USA and then apply for H4 COS from India, How many days approx. would it take for the approval?
    3)Also , Can I travel to India once my COS is approved in USA and H4 EAD is still in process?

    Appreciate your inputs.

    Thank you!
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you plan on leaving the U.S., you will need an H4 visa in order to return. Once you get back, you may then apply for an EAD.
     
  11. shilpa.qa09

    shilpa.qa09 New Member

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    Thank you for the reply. So you say we cannot be in India while our EAD is in process ?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You might be able to apply for change of status to H4 and an EAD concurrently. When you leave the U.S., your H4 COS will be abandoned automatically. The EAD application should continue in processing, however.
     
  13. sruthis

    sruthis New Member

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    Hi Ron ,

    I am in the similar boat with OPT expiring in JAN 2016 and with the OPT extension up in the air unless they do something about it before 2/16, there is lot of uncertainty . My husband has his I-140 approved and I would like to apply for H4 EAD since OPT extension rule is up in the air. I am currently employed and want to prevent any gaps in employment that may occur as a result of this conversion.

    1) I came to US on H4 and then did a COS from H4 to F1 . My old H4 is valid till end of 2016.I do not have an F1 visa stamped on my passport since I have not been out of country after initially entering USA on H4. Can I use the initial H4 to apply for H4 EAD while in USA ?

    2) If I do decide to move ahead with applying for COS from F1 to H4 and H4 EAD simultaneously , would I have to file both applications at different service centers ? My husbands H1B receipt number starts with an EAC. In worst case scenario , what would happen if I applied at a different service center than the one allocated depending on the processing time frames.

    3) Do I need to go for H4 visa stamping in future even though I have an H4 EAD and H4 visa on passport expires ? If stamping is needed , can it be done in a third party country.

    4) In worst case scenario , if there is a gap in employment when doing COS from H4 to F1 and H4 EAD concurrently, is there a grace period of employment that one could pursue during this transition from F1 to H4 or could one use OPT EAD if it has not expired when USCIS approved H4 but not H4 EAD.


    Thanks a ton for all the help and everything that you do for everybody through the forums. It is invaluable and priceless and very much appreciated.

    Thanks.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You must be in H4 status or applying for H4 status to apply for an H4 EAD. Pretty much any way you look at it, you are going to have a gap in employment.
     
  15. sruthis

    sruthis New Member

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    Hi Ron,

    Which service center would I need to apply if I applied for COS from F1 to H4 and H4 EAD concurrently ? My husbands I 797-A starts with EAC and I was not sure whether to apply at Dallas or Vermont service center.

    Thanks.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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  17. Sriraj

    Sriraj New Member

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    Hi Ron (@ron)

    I am currently working on a cap exempt H1B valid till 2017, but want to change my status to H4 for job flexibility - My husband's H1B extension is due next month but his employer is not willing to file H4EAD concurrently with his H1B extension and my H4 COS. I am planning to apply H4 COS with future effective date of Jan 2016 along with his H1B extension in premium processing. If after receiving the H4 COS approval along with H1 B extension, i apply H4 EAD, would USCIS approve the H4 EAD for the future effective date of H4 status or do i need to wait till Jan 2016 to be on H4 status and then only file H4 EAD?
     
  18. sruthis

    sruthis New Member

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    Hi Ron ,

    My current F1 OPT EAD is expiring on Jan 6th . I have applied for COS to H4 on September 2nd. It does not look like USCIS will process the application by Jan 6th.With the latest USCIS processing time at VSC , it still says May 2015 and chances are slim that USCIS gets to it by Jan 6th.Can I stay in the country while waiting for the COS to get approved ?
    Is there any grace period after F1 OPT expires and if any , can I work during that period till my COS to H4 gets approved ?
    Thanks.
     
  19. Kamakazee

    Kamakazee Super Moderator

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    You can stay in the country while your COS is pending, however you cannot work after your EAD has expired.
     
  20. sruthis

    sruthis New Member

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    Thanks Kamakazee.
     

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