H4 EAD or F1 OPT


mp88

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I'm currently working full-time on H1B and my wife is studying full-time on H4. She has B.Com from India which is not considered equivalent to US 4 years bachelor's degree. So, she is enrolled into special program to finish her US equivalent bachelor's degree. She will be graduating with Bachelor's in Business Administration in Oct 2017. My permanent residency application is currently in the process and they're nearing the end of recruitment process. I should expect to have my PERM filed by beginning or mid-May. Presently, it takes approximately 2-3 months to get the PERM certified speaking on the base of my colleague’s application. So, if mine also gets certified by the end of July and my employer agrees to submit 140 application with premium processing by end of Aug, I should be targeting mid-Sept to initiate the H4 EAD application for my wife under the assumption of approved 140. According to recent updates, Trump administration appealed court to delay decision of H-4 EAD appeal until 09/27/2017. Now, we cannot be certain of the outcome. So, my dilemma is whether to submit COS application for convert my wife's status from H4 to F1 and apply for OPT or remain on H4 and apply for EAD.

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