STEM OPT Extension question

[axbycz]

Hi,

 

My wife has applied for stem opt extension on April 6 and her initial 12 month opt expires on June 30. Our case is still pending as of today and wanted to check our options if there is any delay. what are our options if we do not receive any response until June 30. 

 

I am currently on h1b and can convert her to h4 and get h4 ead but i do not want to do that as i want her to maintain her own status. 

[rahul412]

H4 EAD has more options compared to OPT.

[shekar11#]

As long as you filed for a timely OPT extension you are good. Looks like you already did that. She can work even after June 30th since this is an OPT extension. I think its for 180 days but not sure exactly. The processing time is usually 90 days. Think you will get it by mid of next month.

[axbycz]

Thanks guys and from my research i found that you could continue working if i have already applied even if i did not receive any approval but want to get the confirmation of the same. I see that processing time is typically 90 days. I have applied on April 6 and by June 30 it will be 84 days.

 

Rahul - H4 EAD has better options but i do want to keep her status as a backup and want to maintain her own status rather than depending on mine. 

[km_visa]

I don't believe you can apply for H4 EAD for spouse if you are on H1B. Also, she is good to continue working as long as the STEM Extension application is in place.

[axbycz3]

Thanks KM, I mean I have my I-140 approved along with H1b also which will make her eligible for H4 EAD but thanks for the information that as long as the application is already submitted, its ok for 180 days. I have receipt from USCIS dated on April 06 for the OPT extension application

[siyarlag]

I have a similar question. Is there a possibility to be unemployed after OPT expires while waiting for Stem Extension with a job offer in hand.