F1 OPT (extension) and H4 EAD

[nit_2012]

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.

[shekar11#]

On 5/15/2018 at 9:50 AM, nit_2012 said:

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.

It is not possible. You will have a future date in I-539, but USCIS processes the COS when they handle the application. Best thing is wait for H-4 decision and then decide what is the best option as you have time until December.