F1 to H4 with H4 EAD

curiousMind · June 5, 2018

Hello,

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:

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.

Questions:

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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