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Thread: F1 OPT (extension) and H4 EAD

  1. #1

    F1 OPT (extension) and H4 EAD

    Hi,

    Here is my situation. I am currently on H1B (6th year -expiring on 8th Dec 2018) and my wife is on F1 visa also she has initial OPT EAD(expiring on Sept 9th 2018).
    She is currently working with staffing company at client location. My PERM is approved on May 1st 2018 and company is preparing to file I-140 in premium.

    Once my I-140 approves, my company will file for 3 year H1B extension for me. My question is - Can I file H4 and H4 EAD for my wife as a consular processing (future date activation of both) and not to change her status (COS) immediately as she currently has OPT EAD and eligible for OPT STEM extension.

    In future if something goes wrong with OPT STEM extension, she can be on H4 (COS or consular processing - can go out to home country and get H4 stampped) and she will be having H4 EAD for 3 years which is approved along with my H1B extension.

    Is this plan doable? or its more complicated than it looks. I will be doing this only if H4 EAD alive after June 2018 and if my company is ready to file my H1B extension in June.

    We just dont want to loose her OPT EAD and Extension. Can you please help us with this.

    I know H4 EAD is in question (due June 2018 hearing ) and also there is news floating around OPT STEM - work only at employer location.

  2. #2
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  3. #3
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  4. #4
    You can apply H4 and H4 EAD with future date. But not sure if the future date can be a date after 1 or 2 years from now.
    Better thing to do is, Apply COS from F1 to H4 and H4 EAD before 3-4 months of her OPT extension expiration date. That way she won’t loose her OPT period. FYI, I did the same thing last year, my OPT was about to expire on July 7th. I applied for H4 and H4 EAD in mid of April with H4 EAD start date as July 8th.

  5. #5
    I am an international student my OPT has been denied and I havenot received the denial notice yet. My DOS says I need to leave USA ASAP. IS there any other legal way so that I dont have to leave USA. I have visa stamp for until 2020.

  6. #6
    Just out of curiosity , Is this your initial OPT or STEM 24 months opt?

  7. #7
    Your sevis is basically terminated. To activate it, you have to exit and re-enter. Talk to your DSO and get another i-20 stating approved 2nd masters program. Go to mexico, come back same day. That way you can activate your sevis.

  8. #8
    Ok so if I leave Usa and go back to my country do I need to go through visa interview process all over again or just need new I-20 to come back.

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