First time h4 EAD. RFE. Running out of time

[Vijay_Kumar23 (Vijay Kumar)]

Hello,

I am on f1 opt and my opt expires in Dec 2022. I have filed a H4 & H4 EAD application but got an RFE now… I am responding to RFE. They asked for photographs again.

If my OPT expires before H4 EAD approval. Do I have to stop working? Is there any leave without Pay I can opt for until I get EAD card or is termination from employment is the only option? Please advice.

Thank you!

[Kalpesh_Dalwadi]

@Vijay_Kumar23

If my OPT expires before H4 EAD approval. Do I have to stop working?

Yes.

@Vijay_Kumar23

Is there any leave without Pay I can opt for until I get EAD card or is termination from employment is the only option?

OPT employment must end once your OPT EAD expires. Your employer may show OPT employment termination and rehire you once your H4/EAD is approved. It just depends on your employer if they are okay to wait till the approval of your H4/EAD to back fill your position.