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H4 Ead Is It Still Eligible ?

Discussion in 'H4 employment authorization' started by ravikumar4869, Mar 2, 2015.

  1. ravikumar4869

    ravikumar4869 Junior Member

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    For instance my situation, I have approved I-140 with my employer and I applied H4 EAD for my wife, If I get layed off and my employer cancels my I 140, can my wife still hold the EAD status and work or her H4 EAD will be cancelled ? and if get my H1B transferred to another employer
     
    Last edited: Mar 2, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    An H-4 may work as long as he or she remains in lawful H-4 status. If the H-1B goes out of status, the H-4 loses his or her right to work.
     
  3. ravikumar4869

    ravikumar4869 Junior Member

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    Thanks Ron, I mean to ask if my previous employer revokes my 140 and my new employer starts again from scratch, can my wife still work if my previous employer revokes 140
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No one knows the answer to that question right now. I can see how valid arguments can be made both ways. We are going to have to wait and see how the agency interprets the rule.
     
  5. asdk

    asdk New Member

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    Isnt the rule already posted? I thought details of rules were posted...

    Myunderstanding was that...if the H1b holder is granted H1b visa for over 6 years under teh AC21 then H4 can still apply for H4 EAD even if the old 140 is revoked/withdrawn - My understanding only.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Actually, one of our members, Moqtadir, sent me this:


    As per this https://www.federalregister.gov/art...ium=email&utm_source=federalregister.gov#h-49


    Nine commenters requested that DHS issue the Employment Authorization Document (EAD) (Form I-766) with a validity period that matches the H-4 dependent spouse's status. Related to this request, another commenter requested a three-year validity period to match the H-1B and H-4 authorized periods of admission. DHS agrees with commenters that to reduce possible cases of unauthorized employment, the EAD validity period should match the H-4 dependent spouse's length of authorized admission. Thus, in issuing an EAD to an otherwise eligible H-4 dependent spouse, DHS generally will authorize a validity period that matches the H-4 spouse's remaining authorized period of admission, which may be as long as three years in cases not involving DOD-related services. This policy will ensure that USCIS does not grant employment authorization to an H-4 dependent spouse who is not eligible for the benefit. It will also likely reduce the number of times that H-4 dependent spouses may need to request renewal of their employment authorization.
     
  7. h1bperm

    h1bperm Junior Member

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    Really we need some clarification on this scenario of changing employers after 6 years in H1B. As seeing different comments/opinions from different sources.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    One of the regulatory reforms that was announced is rules (finally!) implementing the AC21 legislation that was passed in the last century.
     
  9. h1bperm

    h1bperm Junior Member

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    I mean H4-EAD applicable criteria for scenario of H1b spouse changing employers
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'm not sure I understand. What do you find confusing?
     
  11. h1bperm

    h1bperm Junior Member

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    Let say, More than 6 years in H1B - employed with A and got 140 approved from A.
    Assume, we change to employer B on 1st May 2015 and i understand H4 spouse can apply for H4-EAD on or after 26th May as long as the 140 is not withdrawn by employer A. If H1 beneficiary has 3 year approval till 30th April 2018, then H4 spouse will also get H4-EAD upto 30th April 2018.

    Now, if the employer withdraw the 140 on 1st Oct 2015 - normally H1B will not have impact and will be valid till extended date 30th April 2018. And, we cannot extend beyond that date if 140 is not approved by current employer. How about H4-EAD ? Will that be still valid till 30th April 2018 (or) will get cancelled immediately on 1st Oct 2015?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS has not commented on this situation, but I suspect that once granted, the EAD will remain valid as long as the H4 remains in lawful status. I don't think that the subsequent withdrawal of the I-140 would make any difference. I base this on the fact that when someone now receives an H1B extension based on an approved I-140, and the petition is subsequently withdrawn, the H1B gets to keep the full extension.
     

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