My spouse is currently working on F-1 OPT or H-1 status. How can he/she change to H-4 status and obtain H-4 EAD without a gap in the ability to work?
We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.
The short answer, as of now (November 2016) is that here is no way to guarantee that there will not be any gap in a spouse’s ability to work. The problems arise from the fact that there can be a gap between change of status to H-4 and receipt of EAD. The law requires that EAD must be approved and the EAD card must be in hand for the H4 holder to work.
Rajiv, Thanks a lot! My wife and I just got our passports stamped for adjustment of status. We were surprised to see our I-485 approval notifications so quickly. It took about six months for our I-485 approval, in EB2, at Texas Service Center. Our priority date was 12/98. We would like to thank you, Diana, Suman, Amel and your other staff who handled our case, for a job well done. We will continue to refer our friends and relatives to your office for their immigration matters. thanks, Sachindra