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F1 to H4 with H4 EAD

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I'm writing this for my spouse. I believe we have a unique immigration situation. Any insights are much appreciated. 

My objectives 

  • Have my spouse work without any break in her employment. 
  • Both of us travel to home country around Aug 2018 and return September 2018 without any hassle.

My current immigration Status:

  • I'm on H1B valid until 09/16/2018
  • My employer has filed a I-140 on premium processing on 05/30/2018
  • My employer will be filing H1B extension on premium processing in 2-3 weeks

Spouse's immigration Status:

  • Was on H4 when she entered US in 2016
  • Enrolled in a school and had a Change of Status to F1 in 01/2017
  • Currently working full time (Employer-A)  on an OPT EAD active through 10/31/2018
  • Has a H1B petition (Employer-B) selected in lottery this year (Change of Status was selected . Not Consular processing) 

Current strategy:

  • Hopefully my I-140 would get approved in the next 10 to 15 days
  • I know this year too there is going to be plenty of RFEs so I'm not hoping my spouse's H1B application to be approved before 10/1. 
  • So file a H4 (COS) and H4 EAD for a future activation date (11/1/2018) concurrently with my H1B extension in premium processing, once I have my I-140 approved.


  • Can a H4 EAD application be filed with a future activation date with a H4 COS application concurrently ? -> I think YES from what I understand. But just confirming.
  • I think USCIS as a courtesy processes H4 COS application with my I-129 extension. If this is the case what visa stamp should my spouse get while returning in Sep? 
  • I think she'll definitely need a F1 because she intends to work on OPT EAD through 10/31. Am I right? If thats the case will this cause any potential risks of visa denial given that its going to be valid only for 1-2 months. ? 
  • Additionally can she get a H4 stamp also for her status starting 11/1 ?
  • With a remote possibility of her H1B getting approved before we visit our home country, what is the ideal process for her to change employers ? Can a H1B transfer to Employer-B be done before stamping for Employer-A or after stamping Employer-A ? 

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