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H4 Ead On Change Of Employer

Discussion in 'AC 21 I-140 Portability' started by kooldoode2014, Oct 9, 2015.

  1. kooldoode2014

    kooldoode2014 New Member

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    @Ron Gotcher, I recently received H4 EAD for my spouse and am planning to move to a different employer who will be starting my green card process all over again because I have a priority date of March 2014 in EB3. The new employer B will be filing in EB2. I had around 10 years of experience when I joined company A and they did my GC in 2012 in EB2 but was later denied. Because I did not have US equivalent education. Later they filed a case in 2014 in EB3 which was approved in 2015.

    So if company B starts over the process again in EB2 will my current company A will withdraw my I-140. And if that is the case how will I be notified of that so that my spouse cannot work on H4 EAD because of no approved I-140?
     
    Last edited: Oct 9, 2015
  2. sdeshpan

    sdeshpan Member

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    Did you get anything on this yet? I too am wondering about the same thing.
     
  3. kooldoode2014

    kooldoode2014 New Member

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  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they EAD has been issued, it will remain valid until it expires.
     
  5. kooldoode2014

    kooldoode2014 New Member

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    Thanks Ron. Apologize for the late response. My new company B wants to file for H1B transfer since I have an approved I-140 from my current company A. But I don't have the receipt number of the I-140 from company A. Can the Alien number used for H1B transfer and get 3 year extension through company B?
     
  6. PDCOM

    PDCOM Guru

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    Yes, I think so. You can get your I-140 by filing FIOA. It's free.
     
  7. kooldoode2014

    kooldoode2014 New Member

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    Yes. But I have not applied for FIOA so I don't have the receipt number.
     
  8. PDCOM

    PDCOM Guru

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    It would be beneficial to get the I-140 copy. When you use the H1b receipt number to request FOIA ask for I-140 and full details of your file. If your A number is the one that was used to get I-140 then it could work. I have got I-140 copy and full 140 application by filing FOIA giving them the h1b extension # beyond 6th year and the A number used to file I-140.

    I am not a lawyer. So Ron can help and also ask company lawyer that is filing the h1-b transfer.
     
  9. Legal Immigrant

    Legal Immigrant Banned

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