Transferring to H4 Visa from Stem OPT F1 Visa

A

amanmj

New Member
Hi, currently i am on my stem OPT Visa set to expire on Feb 2024, my wife is on approved H1B Visa, with her PERM filed on January 2023, awaiting approval. I wanted to know if I should start the H4 COS process now, or should I wait for her I140 to get approved and file H4+H4 EAD Together? Will there be any benefit?
And since her PERM is yet to be approved, i believe and assuming H4 + H4 EAD would take atleast 6-7 months, should I consider going on Day 1 CPT in the meanwhile? I want to take the safest route, so please guide me for the same.
 
USDOL is currently processing PERM cases from November 2022. You could be very close to Jan 2023. Once her PERM is approved go for I-140 under premium processing and then file H-4 along with H-4 EAD.
 
whitemimauz3 said:
USDOL is currently processing PERM cases from November 2022. You could be very close to Jan 2023. Once her PERM is approved go for I-140 under premium processing and then file H-4 along with H-4 EAD.
Click to expand...
What's the disadvantage of filing H4 now? Given we can assume it will take at least 4-5 months and COS won't happen before my stem OPT EAD Expires?
 
There is no issue you can file COS at any time. You are entitled to the benefit of exempt from SS or medicare taxes. This might go away when you move from F1 status.
 
So applying now and EAD later and applying EAD + H4 together, will any of these options save me some unemployment period?
 
You must log in or register to reply here.
Top