F1 OPT to H4 EAD without gap in employement


Deepthi86

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Hi, I am on F1 with OPT expiring on Jan 2021.  Since my H1b was not picked in lottery, I am planning to move to H4 status and get EAD using my husband's approved 140 petition.

I have few questions

1) Can i apply H4 and EAD at the same time with post date as Jan 1st 2020? if so, will USCIS honor such requests?

2) What if USCIS give me H4 with earlier start date and EAD with later date? For example if H4 is approved by Nov and EAD is approved by Feb. Can i use my OPT until OPT expired and then move to H4 EAD so there would not be any gap in employment?

Edited by Deepthi86
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If you apply for H4 and EAD at the same time, usually they will get approved at the same time. You can work on OPT till your H4 and EAD are approved and start using H4EAD once you receive it. There will not be any gap. You don't need to ask for H4 to start from Jan 1st. Just my personal opinion. 

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