asabbisetty Posted November 30, 2015 Report Share Posted November 30, 2015 Hello, I graduated with an MBA this May, 2015 and currently on OPT. My OPT will expire on Jun 28, 2016 as there is no OPT extension for MBA. I'm working full time right now. I'm very confused as to what status I have to choose in order to continue working with minimum risk. My company is willing to sponsor me H1B in Apr, 2016. Besides this, I'm also eligible for H4 EAD (My husband's I 140 is approved). I need your advice as to which way I can proceed to have a safe bet as H1B would be a lottery in 2016 as well. Is choosing H4 EAD over H1B a good option? If so, how much time would it take to convert to H4 and get it approved? I have read online that I can file H4 COS and H4 EAD at the same time but COS would process first and then EAD would process. During that interim period between COS approval and EAD process, can I continue to work? Or is H1B better over H4 EAD in order to avoid dependency over my husband? Thank you so much in advance!! Link to comment
rahul412 Posted November 30, 2015 Report Share Posted November 30, 2015 EAD has no restrictions when compared to H1. So EAD is the better option. Link to comment
jairichi Posted November 30, 2015 Report Share Posted November 30, 2015 Let employer file your H1B in April. If selected in lottery you are fine. If not then file for a COS to H4 and EAD before OPT expiry. Link to comment
asabbisetty Posted December 1, 2015 Author Report Share Posted December 1, 2015 Thank you for the reply. But my OPT expires in June 2016. So, if I wait till H1B lottery result, there would be an employment gap right? even if I want to apply for COS to H4 EAD, would there be an employment gap? Really appreciate all your efforts. Link to comment
jairichi Posted December 2, 2015 Report Share Posted December 2, 2015 Thank you for the reply. But my OPT expires in June 2016. So, if I wait till H1B lottery result, there would be an employment gap right? even if I want to apply for COS to H4 EAD, would there be an employment gap? Really appreciate all your efforts. You can opt for premium processing. Link to comment
rahul412 Posted December 2, 2015 Report Share Posted December 2, 2015 Thank you for the reply. But my OPT expires in June 2016. So, if I wait till H1B lottery result, there would be an employment gap right? even if I want to apply for COS to H4 EAD, would there be an employment gap? Really appreciate all your efforts. In any case, there will be a gap. Its not possible to work continuously if you move from one status to another. Link to comment
rahul412 Posted December 2, 2015 Report Share Posted December 2, 2015 You can opt for premium processing. But still OP cannot work till Oct 1st once his OPT is expired. Link to comment
jairichi Posted December 3, 2015 Report Share Posted December 3, 2015 But still OP cannot work till Oct 1st once his OPT is expired. If H1B petition is selected in lottery or approved OP can use cap gap extension provision and continue OPT employment till Sep 30th. Link to comment
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