H4 EAD and OPT

[Radhika2019]

Hello,

 

I am currently on my post completion OPT (that is due to expire in May 2020). 
 

My employer is filed for my H1B in the last lottery, but I did not get picked up. They are filing again in the upcoming April 2020 Lottery.

Additionally, I am also getting married in January 2020. My fiancé is a H1B holder and an approved beneficiary of I-140. His H1B is coming up for renewal in August 2020. 
 

I am trying to understand what are my options of a) staying in the country and b) staying with my current employer if possible.

We have charted out the following timeline:

January 2020 - Our Wedding

February last week/ March 1st - Apply for H1B renewal with premium processing. 
 

If this comes through, then 

 

1) Should I apply for H4 immediately? (I.e March last week of 2020). Does application cancel OPT or is it only actual receipt of H4 that can cancel OPT? 

2) Can I apply for H4 and H4 EAD concurrently? 
 

3) What happens to my OPT while my H4 and H4 EAD is being processed? Can I still continue working on it till May?

 

4) If my H1B is picked up in this years lottery, and my OPT expires in May and my H4 is in processing, can I still continue working while they make a decision on my H1B? 
 

5) If my H1B is not picked up in the lottery, can I stay in the country while my H4 and H4 EAD is being processed? 
    5a. How many months does this usually take? I have heard between 3-5 months, but could go up to 8 months? 
    

 

 

 

 

 

 

 

 

 

[User099]

Congrats on your wedding!

1.  Your OPT will not be cancelled till H4 is approved.

2. Yes.

3. Yes, you can work till May,

4. You can't work after your OPT expires and until your H1 or H4 EAD is approved. The order in which your H4 and H1 will be important as that will decide what status you are in after both are approved.

5. Yes. It is taking upto 5 months for H4 EAD's in some cases more than that.

[shekar11#]

On 12/4/2019 at 12:22 PM, Radhika2019 said:

Hello,

 

I am currently on my post completion OPT (that is due to expire in May 2020). 
 

My employer is filed for my H1B in the last lottery, but I did not get picked up. They are filing again in the upcoming April 2020 Lottery.

Additionally, I am also getting married in January 2020. My fiancé is a H1B holder and an approved beneficiary of I-140. His H1B is coming up for renewal in August 2020. 
 

I am trying to understand what are my options of a) staying in the country and b) staying with my current employer if possible.

We have charted out the following timeline:

January 2020 - Our Wedding

February last week/ March 1st - Apply for H1B renewal with premium processing. 
 

If this comes through, then 

 

1) Should I apply for H4 immediately? (I.e March last week of 2020). Does application cancel OPT or is it only actual receipt of H4 that can cancel OPT? 

2) Can I apply for H4 and H4 EAD concurrently? 
 

3) What happens to my OPT while my H4 and H4 EAD is being processed? Can I still continue working on it till May?

 

4) If my H1B is picked up in this years lottery, and my OPT expires in May and my H4 is in processing, can I still continue working while they make a decision on my H1B? 
 

5) If my H1B is not picked up in the lottery, can I stay in the country while my H4 and H4 EAD is being processed? 
    5a. How many months does this usually take? I have heard between 3-5 months, but could go up to 8 months? 
    

 

 

 

 

 

 

 

 

 

January 2020 - Our Wedding

February last week/ March 1st - Apply for H1B renewal with premium processing. 

Apply for H-1, H-4 change of status and H-4 EAD concurrently.

1) Should I apply for H4 immediately? (I.e March last week of 2020). Does application cancel OPT or is it only actual receipt of H4 that can cancel OPT? 

Your OPT will not be cancelled until your H-4 is approved. Once your OPT expires in May 2020, you can stay in teh country because you have a pending COS to H-4 application with USCIS. 

2) Can I apply for H4 and H4 EAD concurrently?   Yes

3) What happens to my OPT while my H4 and H4 EAD is being processed? Can I still continue working on it till May?

You can use it until it expires. Yes.

4) If my H1B is picked up in this years lottery, and my OPT expires in May and my H4 is in processing, can I still continue working while they make a decision on my H1B? 

You cannot work after May 2020, unless your H-4 EAD  gets approved. If your H-1 gets approved then you need to wait till Oct 1st to start working.

5) If my H1B is not picked up in the lottery, can I stay in the country while my H4 and H4 EAD is being processed?  Yes
    5a. How many months does this usually take? I have heard between 3-5 months, but could go up to 8 months?  You are right.

[Radhika2019]

Thank you so much!! This is so helpful! 

[Radhika2019]

I have a quick follow up question — 

 

If my H1B is renewed by mid March, should I

 

1) apply for h4 / h4 ead right away

 

or

 

2) wait for h1b application on April 1 and then apply

 

3) does either application affect the other? 
 

Many thanks in advance! 

[User099]

Apply for H4 and EAD along with the H1 extension.

Which ever gets approved last (H4 or H1), you will end up in that status.