converting from F1(OPT/EAD) to H4

V

VPandey

Registered Users (C)
Hi,

My wife's F-1(OPT/EAD) expires on July 18.

She is currently working with a co. in NY using her OPT.

If I apply for her H-4 now, does it mean that she can no longer work as she is under COS.

My wife wants to work till her EAD expires but we are not sure if filing for H4 will invalidate her F-1(EAD) status.

Also, if i file for H4 in May-June, what will be her status after July 18. Will she be out of status or will it be considered pending change of status as H4 approval might take 6-8 months at CSC.


Please advise.

Thanks,

vp
 
Just filing for COS does not change the status. The COS has to be approved. The instructions for I-539 advise filing 45 days before the expiration of the current status. Once COS application is filed, one can remain in the US until the INS/BCIS adjudicates the application (as long as the H1 continues to be valid). I believe the status would be "COS pending".
 
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