H4 EAD COS from F-1 OPT question

USA H4EAD
1

Hi, hope you guys are doing well. I have a question about F-1 OPT to H4 EAD change of status.

My wife filed a COS + EAD petition for H4 EAD from F1-OPT at the California service center on August 8th, 2024.

Her F-1 OPT is valid till July 2025. We are worried that there might be a gap in H4 and EAD approvals, her employer is not in support for this gap in employment.

We are worried about losing employment in case of a substantial Gap. I wonder what the best course of action would be

  1. Withdraw petitions - in which case everything works out well, however there is a chance of partial approval [H4 approved/EAD canceled] as we are close to the processing time for H4 EAD. [July 2024 is being processed now]

  2. Leave the country and re-enter hoping the petitions for COS and EAD get abandoned.

  3. Go full steam ahead - do nothing and hope everything gets approved on time.

  4. I also wonder if we can get back to F1 -status and use OPT-EAD if the H4 COS is approved and the EAD is not approved in time by leaving the country and reentering using F-1. Would this be possible?

Thank you so much.

2

It is not practically possible to avoid a gap in employment authorization due the USCIS processing time.

You should target to reduce the gap.

You can visit Mexico and get H4 visa stamp. Then, when you enter the US, your wife’s status will be H4.

Then, send the new H4 i94 to USCIS and request them to interfile it with pending H4 EAD. The pending H4 COS will be abandoned automatically due to travel outside the US.

This is what I believe can reduce the gap.

3

Thank you for your reply wouldn’t reentering on H-4 cause her F1EAD to be invalid therefore not allowing her to work.

Alternatively if the COS to H4 is approved and if the gap is too long, can she reenter on F1 with the original OPT EAD.

A gap in July 2025 is acceptable for us.

4

You can only have one status at a time, either H4 or F1.

EAD/OPT is not a status. It is just derivative benefit.

If H4 COS is approved, and then, you try to exit and reenter the US on F1, then, i am not sure what you are trying to achieve by filing existing H4 COS (its a total waste of money then).

5

So my whole worry is that H4 COS is approved and H4 EAD gets approved a month or two later. Thereby, creating a gap in employment authorization.

I wanted to ask if it’s possible to re-enter the US on original F1 if the gap between H4 approval and H4 EAD approval is too long so that even though we lose H4 status/money we paid, she can work on the F1 and OPT EAD card that she already has and not lose her job.

6

Yes, you can re-enter the US on F1 and then use OPT.