F1 OPT to EAD. Need H4?

M

msuryadarma

Registered Users (C)
I am on H1B and my wife is on F1 OPT until July 2004. We're filing I-140 and I-485 together very soon, and also EAD.

My question is, does she need to change status to H4 before she can use the new EAD? If say, she receives EAD in March 2004, can she start using it after her OPT EAD expires?

Please help. Thanks a lot in advance.
 
As soon as ur and ur wife's 485 application is received by USCIS, ur status would become "Pending AOS". This is a dual status, and can be maintained by itself, or along with ur current H status. Hence, she does not HAVE TO apply for H4 as she already would be in "Pending AOS" status by the time her OPT expires.

EAD is just one of the benefits of the "Pending AOS" status and has nothing to do with H4.

goodluck

-ab
 
She will loose her F1 status as soon as you apply for I-485. I do not know whether she will be able to work on OPT or not once you apply for I-485.
Some times if you come on F1 and apply immediately for I485 USICS will suspect of wrongdoing, as F1 is pure non-immigrant visa. So people convert to H4 Since H4 is dual intent. When did wife came to US? If it is very recent like within a month or two the you may consder converting into H4 otherwise no need to convert into H4.
 
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