QUESTION

Understand best strategy to convert from F1 OPT to H4 EAD or H1B Lottery

Asked on Mar 18th, 2018 on Immigration - Texas
More details to this question:
I am on H1B expiring on Sept 30th,2018 in my 9th year with I-140 approved and H1B due for renewal. My wife is on Stem OPT expiring on Aug 18th,2018. Her employer is filing for H1B Lottery on April 1st. How can we file for H4 EAD as a back up without disrupting her work permit if H1B lottery is not selected? I am concerned about last action rule and so trying to figure out best way forward for timing of my H1B extension and her H4 EAD back up.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Your wife would know by early June whether she has been selected in the H-1B lottery. Since her STEM OPT is expiring in August, that would give her plenty of time to apply for H-4 status before the OPT expires. I do note that the Trump administration is attempting to undo the right to EAD for certain H-4 individuals, and hopefully such would still be available at the time of your wife’s application. Under the circumstances, I do not see a problem with the last action rule. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Apr 07th, 2018 at 11:46 AM

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