QUESTION
What is the fastest way to move from F1 to H4/H4-EAD ?
Asked on May 07th, 2019 on Immigration - California
More details to this question:
I am currently working on F1 STEM OPT extension which is expiring on 5th June, 2019 and my husband is on H1-B with an approved I-140 for green card. My H1-B was filed this year in premium but I haven’t heard if my application was picked in the lottery. If my application is not picked in the lottery this year, I will have to move to H4 and H4-EAD to continue working in the US. So, in my case, what will be the best and the fastest way to get converted to H4 and obtain a H4-EAD. I know I can file both together and go on a leave of absence at my job till I receive my EAD. And the estimated timeline for this might be 5-6 months. So is there any better way to move to H4 and H4-EAD with the least period of absence from my work. I was suggested to just re-enter US with a fresh H4 and then apply for EAD once I am in the country. But I don’t know if this will be faster and if it will work. Please advice. Thanks in advance.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
From our experience, we do not see too much benefit from your idea that you can receive a quicker adjudication of the H-4 EAD if you go outside to interview for the H-4 visa, enter the US, and then apply for the EAD alone instead of applying for both the change of status to H-4 and an employment authorization. U.S.C.I.S. accepts concurrent filings of both, and usually adjudicates the EAD application as soon as the H-4 is approved. Also with the amount of time spent in applying for and receiving the H-4 visa overseas, there would likely not be much of a savings in time if any. 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 Jun 04th, 2019 at 8:54 PM