Ask a Question Online  


Hello, I am Raul.

I am from United States.

I have added 1 threads.

Login times: 1

Post in: EB-1 Visa
On 11 Dec 2014


I am graduting with my PhD this month and will be applying for EAD card soon after getting OPT-I20 (I applied for OPT-I20).

My wife is on H1B which is expiring on December 31, 2014. She has applied for green card (EB1A) 2 months ago and eagerly waititng to hear back from USCIS. Unfortunately , her employers will not be able to file for her extension of H1B before it expires on De 31, 2014.They could only file in January for her H1B (that means filing for new H1B). She works for nonprofic government organisation doing research.

What is the safest bet to do, is it apply for I485 or F2 ? Can she apply for change of status to F2 and will that not affect her green card ?  Can she soon cancle the COS request to F2 when her employer file for fresh H1B in january?

Can she have a gap in applying for next H1B and if yes,how much ? If you could give  any early suggestions on this, that will be highly appreciated.

Thanks vey much.