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Opt To H4 Ead

Discussion in 'H4 employment authorization' started by nikhs84, Mar 31, 2015.

  1. nikhs84

    nikhs84 Member

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    HI Ron,

    My wife just started to work on OPT on 23rd of march, 2015 and her OPT is valid till 20th March, 2016. Due to lack of time, her company is not applying for her H1 this year and she is not eligible currently for OPT 17 month extension as she has completed her MBA in Information System which does not fall under STEM degrees eligible for OPT extensions.

    My questions is if we are applying for her COS to H4 stating start date 4 months from June and also concurrently apply for EAD and if USCIS approves H4 in 15-30 days based on my approved H1B. Will she be able to work on OPT till the start of H4 and meanwhile USCIS approving her EAD for H4 based on my approved i-140. Are there any chance she would be able to work without any gap?

    Regards,

    Nikhs
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    She may continue working on OPT until the change of status is approved. After that, she must wait until her EAD is issued.
     
  3. nikhs84

    nikhs84 Member

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    Even if the change of status is approved for a future date like 10/01 ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it is for a future date, the COS will take effect on that date. That is highly unusual, however, and generally only happens in cap-subject H1B matters.
     
  5. nikhs84

    nikhs84 Member

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