H4 H4 EAD Change of Status

[Apoorva_91 (Apoorva Chandrasekaran)]

Hi,

I am on F1 OPT and my Stem Visa expires on July 8, 2022. Next H1B lottery will be my last attempt. My spouse is currently on H1B and his extension is due on June 23, 2022. His i-140 recently got approved. I was planning to apply for my h4 and h4 Ead along with his extension in January. In the meantime, I was wondering if it is better to do that or if it would be possible for me to file now and send my spouse’s H1b extension as a follow up document in January. I am mainly concerned that if I file in January, considering the current processing times around 8 months or so, I may go out of status by the time my H4 EAD is approved but if I file for H4 now, my visa would expire along with him in June and I will have to file for an extension again. I am torn on whats the best option for me. Any suggestions or guidance will be appreciated.

[Kalpesh_Dalwadi]

@Apoorva_91

In the meantime, I was wondering if it is better to do that or if it would be possible for me to file now and send my spouse’s H1b extension as a follow up document in January. I am mainly concerned that if I file in January, considering the current processing times around 8 months or so, I may go out of status by the time my H4 EAD is approved but if I file for H4 now, my visa would expire along with him in June and I will have to file for an extension again. I am torn on whats the best option for me.

Just apply for COS from F1 to H4 & H4 EAD along with your spouse’s H1B extension of status application. If your F1 expires before your H4 approval, you will still be in authorized period of stay while your H4 COS application is pending and you don’t go out of status.