F1 OPT to H4 EAD

[chandrakalat]

Hi,

I am on F1 OPT till Feb1,2016 and working for company. I would like to file for H4 and H4 EAD conversion in single step.I have 2 questions.

 

1) When should I file approx. so that I can continue to work with employer from Feb1,2016?

 

2) Can I work with the employer when only H4 is approved and H4 EAD is still pending because I have active F1 OPT till Feb1,2016.

Can you please clarify what is the guideline on above?

 

Any help from people who faced similar situation will be of great support.Thanks in advance.

 

Thanks,

C

[jairichi]

1. Concurent filing of COS to H4 and H4 EAD will result in EAD application being processed only after COS to H4 approval. So, you will have a gap in employment by at least 2 to 3 months.

2. No. Once COS to H4 is approved you need to stop working immediately.

[sagi85]

I've seen a couple of cases who filed concurrent, COS and EAD approved on the same day. But it is no where written that USCIS will adjudicate COS and EAD simultaneously. It's upto you to take a chance, but you can't work if only COS to H4 is approved and EAD is pending.

[chandrakalat]

Thanks Jairichi. Another quick question.

 

 As my F1-OPT expires Feb1,2016.How many days before should I apply COS from F1 OPT to H4 visa? so that I utilize my full OPT. Thanks again.

[jairichi]

Thanks Jairichi. Another quick question.

 

 As my F1-OPT expires Feb1,2016.How many days before should I apply COS from F1 OPT to H4 visa? so that I utilize my full OPT. Thanks again.

It is currently taking 4 months or more to get COS to H4 approval. So, file your petition accordingly. Till COS is approved or OPT expiry date whichever is earlier you can work.