EAD for F1

D

dvknn

Registered Users (C)
Hi,

I am on H1. My H1 (as of now) is till feb'2004. But I am pretty sure that I will get an extension till Dec'2004.

My labor is filed. It's in Federal.

My wife came to US on H4. Converted to F1, finished her graduation in May 2003 (this month) and her OPt is starting on May26th.

My attorneys have sent me paper work for filing I-140 and I-485. I would like to get my wife on my GC as a dependant.

Can she continue to be on OPT and we still will be able to get EAD for her on my application??

What are the options here?? Is it not possible?

Thank a BUNCH.:(
 
I have been in the same boat. My lawyer as well as wife's university has advised her to switch to H4 from F1. She has applied for H4 which is still pending. Now I am applying for 1-140 and I-485 (and including my wife in I-485).
The fact is F1/OPT does not have a dual intent (immigation and non-immigration). Since you are going to apply for I-485 for your wife, her OPT becomes invalid. Hence it is better for her to be on H4 (though applying for I-485 gives her a "pending" status which prevents her from becoming illegal).

Hope it helps.
Abhi123
 
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That's what even my lawyer is advising.

When ur wife has applied for H4, can you include her in ur processing immediately? (I guess you might have to wait till you get H4).

When did you apply for H4 for her? How long does it take?

See my H1 as of now will expire in Feb'04.

Thanks
 
She has applied for H4 2 weeks ago. It "usually" takes 3/4 months to get through.

Yes, you can apply for her I-485 when her H4 is pending. But it might be better, but not necesary, if you can wait till you get the H4 receipt and then include that in her I-485 application.
 
Did you get any receipt back??

Till the time my wife gets the H4 receipt, she can be on OPT and work?
 
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