Immigration Issues/F1 to H4 based EAD

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Question
Hi,

I will appreciate if you can answer the queries I have on F1 to H4 visa based EAD.

I am on F1 and currently working under OPT which will be ending soon. Based on my spouse's H1B, I want to apply my EAD card. For this option, I need to first transfer from F1 to H4. My questions are:

(1) Can H4 and EAD card application be made concurrently? If yes, will the processing time be more than 90 days?

(2) Is there any premium processing option available for H4 or H4 based EAD application?

(3) After I file the application for COS from F1 to H4, till what point in time, I can continue working under my current F1 OPT?

Regards,

Pooja

Answer
Hi,

1. Yes, H4 and EAD applications can be filed concurrently. The processing time is likely to be more than 90 days, since the USCIS must first approved the change of status application to H4 status before EAD can be issued.

2. Premium processing is not available for either H4 or EAD.

3. You cannot be employed with an expired OPT. When your EAD is issued, you can resume employment.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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