F1-OPT to H4 conversion queries

[RSudhakar]

Hello All,

My F1 - OPT expires on the 14th of July 2016. I would like to convert to a H4 through my husband who is on a H1B. However, my husband's H1B also expires around July 22nd 2016, just a week after mine.

If my husband files for H1B extension and my H4 along with his extension, how long it would take to come through on a regular processing? If i get my H4 before my F1-OPT expires, will I have to stop working immediately? If in case the H4 decision is delayed beyond my F1-OPT expiration date, can I continue working with the EAC until the decision comes through?I am currently working on my F1 OPT and do not want to miss out the opportunity to work till July by filing for H4 earlier.


If i file along with my husband's H1b extension in June, i.e, one month before my visa expiry, extension might take 5 months right? But will i be able to legally stay in the US till November, till the visa comes through in November with the EAC receipt number?

Please suggest. Thank you

[shervin143]

If my husband files for H1B extension and my H4 along with his extension, how long it would take to come through on a regular processing?
>>> 5-6 months. It depends on the processing center. Yu can look at uscis.gov to figure out the current processing times by service centers.

If i get my H4 before my F1-OPT expires, will I have to stop working immediately?
>>> Yes. You cannot work when you are in H4 status.

If in case the H4 decision is delayed beyond my F1-OPT expiration date, can I continue working with the EAC until the decision comes through? I am currently working on my F1 OPT and do not want to miss out the opportunity to work till July by filing for H4 earlier.
>>> Nope. You cannot work post the OPT expiration date.

If i file along with my husband's H1b extension in June, i.e, one month before my visa expiry, extension might take 5 months right? But will i be able to legally stay in the US till November, till the visa comes through in November with the EAC receipt number?
>>> Yes, you are allowed to stay as long as your COS is filed with USCIS before your current I-94 expiry date.