Wife on OPT, needs H4 for I-140/I-485?

M

msuryadarma

Registered Users (C)
My wife is on OPT, ending July 2004. I am on H1B (until 10/2006)and about to file our I-140/I-485.

The question is:
1.Since my wife is on OPT, which means she's on F1, does she need to change status to H4?
2. If yes, when should she do that? Before we file I-140/485? This will mean that she will no longer be able to work until her EAD comes, right?

Thanks a lot in advance. :)
 
My understanding is

She should do this change of status from F1 to H4 before filing I-485. If you do not do that once she files for I-485 she will loose her F1 status and her status will become pending AOS. F1 to H4 transfer is allowed while you are United States, Pending AOS to H4 is not allowed. I am assuming that H4 works similar H1.
 
Thanks for your reply.

If she changes status to H4, she won't be able to work until she gets her EAD, right? But once she gets and uses the EAD, her status changes to AOS, am I right? So if she plans to continue to work, why bother changing to H4?

I maybe totally wrong on this, so please shed some lights. Thanks! :)
 
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