Capgap in conversion to H4 EAD

[blitzkrieg]

Hello,

 

I am looking to file H4 EAD for my spouse who is currently on OPT and her OPT expires July 2016. If I do apply for the H4 EAD after that well in advance, is there a provision for CAP GAP in the conversion process where my wife can work while the change of status is underway or would she have to quit her job and then re-join once the H4 EAD card arrives ?

 

Thanks !

[jairichi]

You have to remember that a COS to H4 and EAD can be filed together. But, only after adjudication of COS to H4 petition the EAD application will be processed. Anyway you try there will be a gap in employment as once a COS to H4 is approved your spouse has to stop working till EAD is approved. This will take 90 days.

[rahul412]

There is no cap gap in this case.

[JoeF]

Even if the H4 and EAD are filed together, the H4 is processed first before the EAD is touched.

She has to stop working when the H4 is approved, or when the OPT expires, whichever is earlier.

She can start working again when the EAD is approved, which can be up to 90 days after the H4 approval.