COS from H4 to F1 vs H4 EAD


funnymist

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Hi all,

I have an approved I140 and I finished my 6 years on H1B, my wife is on H4 and currently pursuing her masters, she'll be graduating in Dec' 15. So, I think she will be eligible to apply for H4 EAD.

I was gonna apply for COS to F1, but the H4 EAD rule put me in dilemma.

I want to know what is the best thing to do here. What are the pros and cons?

Route 1: Apply for COS from H4 to F1 and get OPT then work on OPT.
Advantages:
- 29 months OPT.
- Independent visa (No more dependency on my visa - until I get green card)
- Can come back to H4 when needed.
Disadvantages:
- Have to COS few times (H4, F1, H1 (maybe), 485)

 

Route 2: Apply for H4 EAD and skip F1
Advantages:
- As my H1B is valid for another 2 years after her graduation. She can work till then.
- No need to apply for COS mutiple times.
Disadvantages:
- Dependency on my H1 visa.

Please suggest. Thanks in advance

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