Dependent status - EAD

[Rockysaha 0]

Im on F1 & my husband on H1 (primary applicant), we have applied for I-485/EAD/AP, application receipt date Feb 27 2012. Im completing my studies on April 28th 2012.

Can I apply for EAD on OPT/F-1 and can maintain status independently ?

If not do I have to transfer to H4 status ?

Thanks.

[Penguin_ie 5,997]

*** Moving from AOS from Family visa to AOS from Work, Student, Tourist etc visa as neither OP came here through family ****

[Darkarma 2]

You can apply for EAD on OPT independently from your husband. If you are eligible for STEM extension then you get additional OPT time, and work on your OPT EAD. But mind you once your total time on OPT runs out and AOS EAD has not arrived till then, you would have to either have a sponsorship for H1B or convert to H4. On H4 you are not eligible for EAD seperately and have to stop the employment you had.

It is already March and you have to apply for EAD/OPT atleast within 60 days of finishing the course, but if EAD is approved it will start from April 28th when your course officially ends. Mind you EAD on OPT may take 90 days to get approved. You cannot start employment till you receive the EAD, even if you have an offer and the employer is making haste. Contact your SEVIS officer ASAP.

Edited March 24, 2012 by ravi_niu