Stem opt vs h4 ead

HPE / Product
YzYw63

Go to company page HPE Product

YzYw63
Jun 13, 2018 10 Comments

Hi guys,

I am in a serious dilemma. I haven’t heard back on h1 b lottery so in all probability my case was not selected.

My stem extension is expiring next year so I’ll have another shot at the lottery next year. I have another option of switching to h4 ead with my spouse’s visa ending in 2021.

My worry is if I switch to h4 take a break from job and then apply for ead. During this process if h4 ead regulation is revoked I’ll end up losing stem opt and also h4 ead.

Based on attorneys input it might take 4-6 months to get h4 and an ead. Anyone in the same boat or has any suggestion?

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TOP 10 Comments
  • Adobe
    bwSw06

    Go to company page Adobe

    bwSw06
    It won’t take more than 3 months. I got mine in less than 2 months. Not sure about current time as USCIS might be burdened with H1B cases. If you submit the EAD application now, it should be done before the new regulation becomes applicable. I think they should process already submitted applications even if rule gets published.
    Jun 13, 2018 2
  • eBay
    shagedelic

    Go to company page eBay

    shagedelic
    Get your H4 EAD this year and apply for your h1 again next year. When approved, you should get a 2-3 year ead based on your spouse's H1 expiration.
    Jun 13, 2018 2
    • HPE / Product
      YzYw63

      Go to company page HPE Product

      YzYw63
      OP
      This is the most preferred scenario, as my company agreed to give me a break too. Only worry is if h4 ead gets revoked before the ead or even worse if I get the ead and they cancel existing eads too
      Jun 13, 2018
    • Amazon / Eng
      G00G-BOS

      Go to company page Amazon Eng

      G00G-BOS
      Yup not a safe assumption to make that existing EADs won’t be revoked. I’d say just stick around on the OPT and try your luck at the lottery again and if it doesn’t work out and H4 EAD still exists, you can always switch then.
      Jun 13, 2018
  • Best bet would be to stay employed under stem ead which gets u a chance for h1 again next year.
    If u see h1 next year nt working out. Always have the option to go on h4. 1. If things change for h4 ead revoking U wont lose stem time period. 2. If it doesn’t,u get one more chance applying h1 and then if u sont get h1 switch to h4 ead
    Jun 13, 2018 1
    • HPE / Product
      YzYw63

      Go to company page HPE Product

      YzYw63
      OP
      From what I read recently looks like h4 ead is on its way out. I kinda thought about it but with 3 years of no luck with h1b lottery, I am not sure about next time too. Every day I think about this it adds to my stress. Can’t talk about how unproductive I have been for last 3 months :(. Worry is if I dont move to h4 ead and regulation is passed sometime this year I will miss out on h4 ead
      Jun 13, 2018
  • Get your EAD asap. The authorization in itself is a "regulation" and it can't be revoked overnight. The DHS will likely phase this out in a similar way to DACA where the existing card holders were allowed to serve their terms. Nonetheless there are going to be several lawsuits which will prolong this further. Folks on H4 EAD won't go silently into the night for sure.. In the meanwhile, you can keep applying for h1b. This is the route I'm planning for my dependent currently.
    Jun 13, 2018 0
  • New / Eng
    Scarn🎙

    New Eng

    Scarn🎙
    See even if ead removal happens, it will be some time before its activated. You will have time to stop work on ead at that time and wait for h1. Take one day at a time, it all works out at the end.
    Jun 13, 2018 0