H4 EAD but currently on F1

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I enjoy listening to your radio show and have found them to be very informative. I tried calling in today on the radio show but due to audio issues got disconnected. I need your help in deciding the next course of action for my wife.

Here are my details:
1) I am on H1-B with Company B (current company). I have an approved I-140 from Company A. I have not started my GC process with Company B at this time.
2) Since it was taking time, my wife who was on H-4 joined college to do her MBA and converted to F-1 Visa. She is currently on F-1 and availing the CPT benefit. She will be done by December 2015.

My questions:
1) Will the H-4 EAD apply in wife's my case, where the I-140 is approved from my previous employer. If yes, then I will need to convert her back to H-4, so that we can apply for her EAD.
2) In your opinion, would it be better for her to continue on F-1 and later file for her independent H1B, considering the EAD is always dependent on my H1?
3) Is applying for H-1B possible while on H-4 EAD, or is that discouraged?

Appreciate your response.

[shah Administrator Find all posts View Profile Close shah]

I enjoy listening to your radio show and have found them to be very informative. I tried calling in today on the radio show but due to audio issues got disconnected. I need your help in deciding the next course of action for my wife.

Here are my details:
1) I am on H1-B with Company B (current company). I have an approved I-140 from Company A. I have not started my GC process with Company B at this time.
2) Since it was taking time, my wife who was on H-4 joined college to do her MBA and converted to F-1 Visa. She is currently on F-1 and availing the CPT benefit. She will be done by December 2015.

My questions:
1) Will the H-4 EAD apply in wife's my case, where the I-140 is approved from my previous employer. If yes, then I will need to convert her back to H-4, so that we can apply for her EAD.
2) In your opinion, would it be better for her to continue on F-1 and later file for her independent H1B, considering the EAD is always dependent on my H1?
3) Is applying for H-1B possible while on H-4 EAD, or is that discouraged?

Appreciate your response.

1. As far as I know, since it will be following the I-140 rule and AC21, any I-140 not revoked should be available for the H4 EAD.
2. I think if you are enjoying the OPT, you should use it. However, OPT does not provide as much flexibility as the H4 EAD does. But at this point since H4 EAD is a new concept, it is good to keep the OPT until further notice.
3. I will recommend also applying for an H1 if possible since the H4 is dependent on the H1 spouse and any job termination might result in losing both H4 status and EAD.

This law is new, so we need to wait for precedents in order to really make an assessment. Good Luck
Feel free to call us 5107425887 if you need help to prepare your H4 EAD package.

[Guest Close Unregistered]

Thanks for your response Shah. I think I will go with your suggestion of converting to H4-EAD and then trying for H-1 subsequently. I have few more question for you.

1) Since she is currently doing CPT and her semester expires I believe around 10th May and hence she needs to be on F-1 till that time. Would you recommend doing H4 on 11th May and then apply for EAD on 26th, or is it simply better to do both H-4 and EAD together. I know since this is a new law, do you have any timeframe by when this will be approved.
2) Once on H4-EAD, can she still do CPT (regular H-4's are not allowed?)

Thanks for your inputs.

[shahpeerally Member Find all posts View Profile Close shahpeerally]

File both the h4 change of status and ead concurrently on May26. Let us know if you need help.