F1 to H4 and H4 EAD

[virohi]

My spouse is currently on F1 visa and working under OPT EAD which expires in May 2019. Her current employer is not going to sponsor for H1b next year so we would like to explore an option of H4 EAD. Based on the current H4 EAD complications and uncertainty about new rules we are not sure whether to go forward with H4 EAD application asap or wait until OPT expires in May 2019. I would like to have some suggestions, opinions on following questions.

1. Can we convert F1 to H4 visa and apply for H4 EAD at the same time ? If yes how much time whole process takes?.
2. Based on the situation I described above it is bette to get H4 EAD filed before new rules/changes happens in next 90 days?.
3. In an event we apply for H4 EAD now and it gets rejected by Dec 2018 , can we still continue with OPT EAD until May 2019 ? Or OPT laps when we apply. 

I would like to make a decision asap so your reply will be very much appreciated. 

Thank you. 

[shekar11#]

6 hours ago, virohi said:

My spouse is currently on F1 visa and working under OPT EAD which expires in May 2019. Her current employer is not going to sponsor for H1b next year so we would like to explore an option of H4 EAD. Based on the current H4 EAD complications and uncertainty about new rules we are not sure whether to go forward with H4 EAD application asap or wait until OPT expires in May 2019. I would like to have some suggestions, opinions on following questions.

1. Can we convert F1 to H4 visa and apply for H4 EAD at the same time ? If yes how much time whole process takes?.
2. Based on the situation I described above it is bette to get H4 EAD filed before new rules/changes happens in next 90 days?.
3. In an event we apply for H4 EAD now and it gets rejected by Dec 2018 , can we still continue with OPT EAD until May 2019 ? Or OPT laps when we apply. 

I would like to make a decision asap so your reply will be very much appreciated. 

Thank you. 

1. Yes. Generally it takes 3 to 5 months.

2. Yes.

3. Don’t worry. Rules don’t change that fast. Even if DHS wants to revoke H-4 EAD year end it will take at least 6 months for the rule to go into effect.

[virohi]

Thank you for answering all questions. About 3rd question can you have some insight about OPT getting lapsed.
'In an event we apply for H4 EAD now and it gets rejected by Dec 2018 , can we still continue with OPT EAD until May 2019 ? Or OPT laps when we apply'

 

[shekar11#]

On 9/30/2018 at 10:31 PM, virohi said:

Thank you for answering all questions. About 3rd question can you have some insight about OPT getting lapsed.
'In an event we apply for H4 EAD now and it gets rejected by Dec 2018 , can we still continue with OPT EAD until May 2019 ? Or OPT laps when we apply'

 

Once the H-4 COS application is approved, the OPT is gone.