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H1b visa and spouse on F1-EAD

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  • H1b visa and spouse on F1-EAD

    Hello,

    My wife currently is in school and will complete her MBA in mid Dec 2015. Most probably, she will receive a job offer soon which will allow her to apply for EAD card via OPT for 12 months(for example from Jan 2016 thru Jan 2017). I am currently on H1b and my green card labor processing in under way and most probably my either I-140 or H1b 7th year extension will be filed sometime in June 2016. Assume, I get I-140 or 7th year extension approval, will my wife be able to get extension on EAD based on my approval(using new immigration rule)?

    Please let me know.

    Thanks
    Nitin

  • #2
    H4 EAD and OPT are two different things. OPT applies only when she is in F1 status. In order to apply for the H4 EAD, you will need to change her status from F1 to H4.
    Not a legal advice. Use of this information is strictly at your own risk.

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