1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

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

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

  1. Nivi

    Nivi New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,
    I am currently on F1 OPT. It is valid until Aug 31 st 2016. I am planning to start the process of H4 COS and H4 EAD simultaneously now. Can I give H4 effective date close to Aug 30 th to avoid Gap in my employment.
    Is H4 COS approval date different from effective date ?
    Being optimistic, so if I get my COS approval in March and my EAD comes by July / August is my F1 EAD valid till August ( as currently it is valid till Aug)
    Please help.
    Thanks,
    Nivi
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    There will likely be an employment gap. About the only way to avoid it would be to have the H1 file an amendment through premium processing and include your H4 package with it.
     
  3. sruku

    sruku New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    First of all thank you for providing valuable advice to our never ending immigration issues.

    I am currently working on F-1 OPT expiring in June 2016 and want to apply for H4-ead now on approved i-140 of my spouse. I am expecting there will be work authorization gap(after opt expiration and H4-EAD) considering the processing times. My understanding is I will be have a valid legal status with pending h4 application.
    Question:
    1.My Employer is also willing to apply for H1 in April. Does having multiple COS(H4 and h1) applications with uscis will be an issue.
    2. If H-1 gets approved before h4, can I continue work during OPT cap-gap period?
    3. If H4 gets approved after H1, will that affect H1?

    I appreciate your help.

    Regards,
    Sru ku
     
  4. Appy06

    Appy06 New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    I am currently on F1 Opt and my opt expires on May 18 2016. I am on a one year opt and there is no opt extension. I am exploring changing my status to h4 and get h4 ead as my spouse has an approved i140.

    Can you let me know if I can be on leave of absence of my employer is willing to grant it, to cover any gap in employment that may occur during change of status to h4 and getting h4 ead?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    No, it won't be an issue.

    Yes you can.

    If the H1 is approved, you should withdraw the COS to H4 immediately.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Yes. That is the ideal way to handle it.
     
  7. PSP

    PSP New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron.

    I am currently on an F1 visa, and graduate in May 2016. My husband has an approved I-140 and has started the PERM process. Do you think would be better for me to apply and get an OPT for a year? Or just request COS to H4 and file for EAD concurrently?

    I have a part-time job which gives me a scholarship - associated with my F1. Do I lose the F1 status while the COS is being processed? I am afraid to lose the F1 status and scholarship while I am still at school.

    Really appreciate your help!.

    Palak
     
  8. Reva

    Reva New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hey Shruti,

    I'm pretty much in a similar position as you mentioned above. Incase you have any inputs please respond.
     
  9. Reva

    Reva New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hey Shruti,

    I'm pretty much in a similar position as you mentioned above. Incase you have any inputs please respond.
     
  10. liveunited

    liveunited New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1


    Hi Vastavi . I am in a similar position. Can you please share as to what you ended up doing and what is the outcome of that .

    Thanks!
     
  11. liveunited

    liveunited New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron ,

    Thanks for your help . Really appreciate your resposes to all our querries.

    I am in a similar position as many others in the thread . So my F1 OPT expires in sep2015 . I want to aplly for h4 and EAD after that . My question is that do I have to resign from my position or I can go on a leave without pay for the two months that I am waiting for my EAD? like do they have to fire me and then rehire after I have my EAD or just take me out of the payrol? I work for a non profit organisation so there is also an option of volunteering to keep my postion but dont know if that will be legal .
     
  12. shilpa.qa09

    shilpa.qa09 New Member

    Messages:
    12
    Likes Received:
    0
    Trophy Points:
    1
    Hello Ron,

    I have a quick question regarding H4 EAD and change of status from f1 to h4. I have applied for change of status from f1 to h4 in sep 2015 and the status is still shown as" case received". Immediate next month nov 30 th 2015, i Applied for h4 ead and the status now shows as
    Card Was Mailed To Me
    On February 29, 2016, we mailed your new card for Receipt Number xxxxx to the address you gave us.

    My questions below are
    1) does this mean my h4 change of status is approved but the uscis didnt update it?
    2) Can i continue my employment since i am on f1 CPT now.
    3)what if i go out of country and change my status there ? Will my current change of status revoke?
    4) if i change my status out of country and come back, can i use the ead i have received today and start my work?

    Appreciate your help. Thank you very much
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Do you mean 2016? If your OPT expired last year, you are out of status. If you meant 2016, then you may apply. These days, they seem to be mailing out the cards with the approvals, but if they don't, you must stop working until you get your card.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You may begin working as soon as you get your card. If you leave the country, you will need to get an H4 visa before you return.
     
  15. shilpa.qa09

    shilpa.qa09 New Member

    Messages:
    12
    Likes Received:
    0
    Trophy Points:
    1
    Ron,

    So if the h4 EAD status on immigration site says card is mailed , does that mean my change of status from f1 to h4 is approved though it shows my cos case has been received status?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    They can't issue an EAD card unless they first change your status.
     
  17. shilpa.qa09

    shilpa.qa09 New Member

    Messages:
    12
    Likes Received:
    0
    Trophy Points:
    1
    Yes Ron that was my major concern. They have issued an EAD but my cos is pending. I am now worried if I can work after i get my EAD card in hand. Can I work then if I get my h4 EAd card in hand and ignore what it says for change of status on uscis site? Please suggest
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You can work as soon as you receive your card.
     
  19. david0119

    david0119 New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron, Thanks for helping us out. I am currently using OPT work which ends on June 30. I have a question about F1 to H4 COS+EAD concurrently filling.
    1. If I file it at the end of March, what is the most likely time my COS changed successfully?
    2. Do I have to quit my job if I receive Email notice that my status has changed before 6/30/2016? Or, I can continute to work using my current opt ead until June 30.

    Thank you for you help. I really appreciate the time you spending on the forum.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    The service centers are all over the map on processing times. If you do not receive an EAD by the time your OPT expires, you must stop working. These days, they are sending the EAD cards are roughly the same time as the COS approval notices.
     

Share This Page