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Opt Ead Or H4 Ead?

Discussion in 'OPT changes' started by Perk82, Oct 29, 2015.

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  1. Perk82

    Perk82 New Member

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    Hello,

    I am currently in US working on H1-B visa with approved I-140, my green card priority date is in June, 2012. My fiancee is on OPT with EAD valid till March 2016, she did her bachelors and masters here and is eligible for 17 month extension of her OPT EAD. She is currently working and has a full time job.

    We are planning to get married in mid- 2016 in India, since her F-1 is expired if she leaves the country, she will need a new valid visa stamping to re-enter the country. I doubt that she will get F-1 visa stamping as she is not studying any more so probably going for H4 visa stamping is our only option.

    I have the below questions considering above scenario:-
    1. Does getting a H-4 visa stamp void her OPT EAD?
    2. If her OPT EAD gets void after H-4 visa stamp, she can come back to US and apply for H-4 EAD based on my I-140 approved status but I have heard the processing time for that is 3 months and she would not want to have that break in her full time job.
    3. Is it possible that we do a court marriage here, change her status to H-4 while in US and apply for H-4 EAD at the same time while she is working on OPT EAD?

    Can you please suggest what are our best options, so she can continue to work without a break and at the same time can go out and enter the country without any issues?

    Thanks in advance,
    Ravi
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If she returns as an H4, her OPT will not be valid. She will need to apply for an H4 EAD
     
  3. Perk82

    Perk82 New Member

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    Thank Ron you for your response.
    1. Can she apply H-4 while in the US and continue to work on F-1 OPT EAD?
    2. If she can apply for H-4 here, can she apply for both H-4 and H-4 EAD at the same time, what would be the processing times in such a scenario.

    Thanks in advance for your guidance.

    Ravi
     
    Last edited: Oct 30, 2015
  4. GreenChemie

    GreenChemie Member

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    Hey,

    She can apply for COS from F-1 to H-4 while in the US but the moment COS comes through, she will have to stop working as her F-1 status will be over and so the OPT will be invalid.

    H-4 EAD will only be processed once she is under H-4 status. Unfortunately there will be a gap in employment, no matter what route you take to switch to H-4.
     
  5. GreenChemie

    GreenChemie Member

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    I have the same exact situation. Full time employed on F-1 OPT, F-1 visa has expired. I want to be able to travel. My plan is to go get H-4 stamped in Canada and come back apply for H-4 EAD. The processing time is around 50-60 days right now based on the H-4 tracker on trackitt. I am hoping it takes under 60 days and not the usual 90 days.

    I will be taking unpaid time off from work while H-4 EAD is under process. My employer has been very understanding of the situation.
     
  6. Perk82

    Perk82 New Member

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    Thanks for the info. I did some more research and found this, I will confirm with a lawyer before I apply:-

    "Concurrent filing of Form I-765 (for EAD) with H-4, I-539 (change of status) will be allowed"
     
  7. GreenChemie

    GreenChemie Member

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    Hi, yes concurrent filing is allowed, but I-765 is only processed after I-539 is approved!
     
  8. Perk82

    Perk82 New Member

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    Oh thanks, what is the processing time for I-539?
     
  9. GreenChemie

    GreenChemie Member

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    That I have no clue about, since I plan to get the H-4 stamped directly to change my status. My guess is a couple of months.
     
  10. Perk82

    Perk82 New Member

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    Does going out of the country and get a H-4 stamp saves time than applying change of status, how long would getting a H-4 stamp from Canada takes?
     
  11. Kamakazee

    Kamakazee Super Moderator

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    It is always faster to go out of the country, get an H4 stamped than do a COS inside the country. COS takes a few months, getting a stamping done from Canada and returning will hardly take a few days.
     
  12. Perk82

    Perk82 New Member

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    Ok, thanks all for your help.
     
  13. GreenChemie

    GreenChemie Member

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    And it solves two problems at once, you get a change of status, plus a visa stamp. After COS in the US, one still has to go get a Visa stamp eventually for travel.
     

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