F1 OPT to H4 EAD

[Ajay2021]

Hi

My wife just started her F1 OPT and we just got to know that she is pregnant. I am currently on H1B and has my I-140 approved. We are thinking about changing her to H4 EAD. Looking at the current processing time for F1 to H4 it can take more than 1 year. If we apply for H4 now can we apply for 2 year F1 OPT extension incase H4 takes longer than 1 year?

Regards
Ajay

[Enub4]

I guess she qualifies for the STEM OPT extension. I think if she is still in F1 status (don't know if she has H4 visa or not and if that may invalidate F1) she can get the OPT extension.

I understand that you can have F1 status and receive AOS EAD but keep the F1 status if you continue studying or working (OPT) for the authorized employer. If you change employers or travel abroad and return with EAD/AP then you are no longer in F1 status. I don't know how F1 and H4 are handled.

[vpratap397]

Hi

My wife just started her F1 OPT and we just got to know that she is pregnant. I am currently on H1B and has my I-140 approved. We are thinking about changing her to H4 EAD. Looking at the current processing time for F1 to H4 it can take more than 1 year. If we apply for H4 now can we apply for 2 year F1 OPT extension incase H4 takes longer than 1 year?

Regards
Ajay

If your wife's field of study is in STEM field and current employer is E-verified, then you would be able to get OPT extension for 2 years. Otherwise it is just one year. You need to check with her employer if they are E-verified. If she can't get OPT extension, then I guess it is probably best to apply for H4 and H4 EAD at the earliest. At least with H4 she can still maintain status and remain in the US after 1 year of OPT.