H4/H4 EAD timing

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xyzefg
Mar 28 40 Comments

My wife who is on OPT was not selected from the H1B lottery this year. She only has one attempt left.
Her opt expires next year around June

We are thinking of applying H4 COS and H4 EAD for her. (I have an approved I140 and it is greater than 180 days)

What is a good timing to file H4 & EAD for her? We have two options below:

1. File H4 & H4 EAD for her now. However, if she gets selected in H1B later this year due to attritions or next year, what would be consequences considering she has a pending or approved H4 COS application?
The reason to file early is that we want to avoid employment gaps for her as the H4 processing time is about 12 months now.

2. File H4 & H4 EAD next year for her after she is not selected for next year’s lottery(hope not the case). This will solve the issue in the first strategy but will clearly have employment gaps considering the processing time.

Has anyone experienced this before and what would be the best strategy given the current situation? We will definitely consult an immigration lawyer but also want to hear opinions from blind.

Thanks! TC: 200K
#workvisa #h1b #h4visa #h4ead

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