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Transitioning for F1 OPT to H4 EAD directly without taking break or leaving job

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  • Transitioning for F1 OPT to H4 EAD directly without taking break or leaving job

    My wife is currently working on OPT (F1-Visa) which is valid until OCT 2016. She has applied for OPT extension and if that is granted by USCIS then she will be able to work on OPT until May 2017 .

    As my I-140 is approved, I believe my spouse can work on the EAD based on my approved I140 , therefore, I wanted to shift her to H4 EAD status

    I would like to know, if there is a way, that her work status can be shifted from OPT EAD to the H-4 EAD (based on my approved I-140) with out having her to take a break (from working) during the transition phase (from OPT EAD to H-4 EAD).

  • #2
    As per my understanding you can't shift her work status from OPT EAD to H4 EAD.
    This is not a legal advice. Use at your own risk.

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    • #3
      Originally posted by F1OPTToH4EAD View Post
      My wife is currently working on OPT (F1-Visa) which is valid until OCT 2016. She has applied for OPT extension and if that is granted by USCIS then she will be able to work on OPT until May 2017 .

      As my I-140 is approved, I believe my spouse can work on the EAD based on my approved I140 , therefore, I wanted to shift her to H4 EAD status

      I would like to know, if there is a way, that her work status can be shifted from OPT EAD to the H-4 EAD (based on my approved I-140) with out having her to take a break (from working) during the transition phase (from OPT EAD to H-4 EAD).
      You can request a change of status on form 539. you must show evidence that she is your spouse, and that she has maintained her previous accorded status. With an H4 EAD, she can work wherever she wants and without supervision from USCIS, something OPT does not offer.
      This is purely my opinion and does not constitute legal advice.

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