H4 EAD dilemma

[tehero]

I needed consultation/advice on an issue. I am on H1B with I-140 approved. My wife was on H4 until 6 months ago. Right now she is on F1 and should get her OPT starting Sept 2015. She has a H4 stamp on her passport but she went to India last month and now she has got a new F1 vsa stamp on her passport.

I wanted advice on whether she should stay with F1 and use the OPT or start the transfer on H4 to make use of the new rule starting May 26th ?

[f22raptor]

If she is already on F1 and with OPT about to start in Sep, then let her be. I dont see the benefit of moving back into H4 and then applying for EAD rule. It would be a financial burden and also you may not be ready with all the h4 paperwork.

H4-EAD rule is not going back. So, if OPT doesnt work out she can move back to H4 and then get EAD.

[tehero]

Thanks !

If she is already on F1 and with OPT about to start in Sep, then let her be. I dont see the benefit of moving back into H4 and then applying for EAD rule. It would be a financial burden and also you may not be ready with all the h4 paperwork.

H4-EAD rule is not going back. So, if OPT doesnt work out she can move back to H4 and then get EAD.