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H4-ead Possibility After I-140 Withdrawn

Discussion in 'H4 employment authorization' started by naren.g, Aug 16, 2016.

  1. naren.g

    naren.g Junior Member

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    I have I-140 with Employer A,transferred my H1B to Employer B.Can my spouse be eligible for H4-EAD if Employer A withdraws I-140. I'm in my 8th year of H1B i.e., beyond initial 6 years of H1B.

    Upto my knowledge H4-EAD is eligible for those H1B's got I-140 approval if stay on H1B is less than 6 years or if the H1B holder got extension beyond 6 years of period either on PERM/I-140 approval or pending....correct me if I'm wrong? In this perspective will my spouse (H4) is eligible for H4-EAD though Employer A withdraws I-140 and Employer B has not yet initiated PERM process. Pls advise.

    Thanks in advance and have a great day!!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Right now, the answer is no. After the new regulations take effect sometime later this year, the answer will become yes.
     
  3. txresearcher

    txresearcher Senior Member

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    Any idea when the new rules will be published?
     
  4. naren.g

    naren.g Junior Member

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    Thanks for your response Ron!!
    But another clause in that law is if an H1B holder got extension beyond 6 years aswell, right? So, in that case also will respective spouse be eligible or not?

    Do we have clear scope on timeline when does that new law get effective?
     
  5. Vikki

    Vikki New Member

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    Hi Ron,

    I have a question on H4 EAD. I have an approved i-140 and based on that my wife got H4 EAD valid until Sep 2018 and she is currently working as full time employee.

    What will happen to her H-4 EAD if I moved to a different company next month and if my i-140 is revoked by employer. Is she eligible to work even after my i-140 withdrawal as her current H4 EAD validity is till Sep 2018.

    Please suggest.

    Thanks.
     
  6. txresearcher

    txresearcher Senior Member

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    As long as you are maintaining your H1B status her H4 EAD is valid. She can continue to work on the same EAD even if you switch jobs. The problem arises only when you have to renew that EAD. By that time, if you have a new approved 140, you are good regardless of your current 140 being withdrawn.
     
  7. Vikki

    Vikki New Member

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    Thanks for the valuable info. 'txresearcher'
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is current law. And yes, spouses are included.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Nothing will happen. Her EAD is based on her H4 status, which will not change. It has nothing to do with which company employs you, only with whether you are in lawful H1B status.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Probably after the election.
     
  11. Vikki

    Vikki New Member

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    Thanks Ron... This is helpful.
     
  12. Diwakar Dwivedi

    Diwakar Dwivedi New Member

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    Hi Ron,

    I am new to this thread and forum and decided to register seeing your spot on replies to everyone.

    I do have a situation and wanted your advise on it. Here it is:

    I am on the 4th year of my H1B, have an I-140 approved for more than 180 days and my PD is of Feb 2015. My wife holds the H4 EAD based on this I-140 approval.

    Now, as of January 2017, the new I-140 portability rule took in effect. According to which I can now switch job and still retain my I-140 even though my current employer revokes it. From what I understand, based on this I-140, my new employer can file any number for H1B extensions even if its withdrawn by my current employer. Please correct me if I am wrong.

    Also, based on my initial approved I-140 which might be withdrawn by my current employer, In future, My wife could still file for H4EAD renewals. Please correct me if I am wrong.

    Thanks
    Diwakar
     
  13. Diwakar Dwivedi

    Diwakar Dwivedi New Member

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    Hi Ron,

    I am new to this thread and forum and decided to register seeing your spot on replies to everyone.

    I do have a situation and wanted your advise on it. Here it is:

    I am on the 4th year of my H1B, have an I-140 approved for more than 180 days and my PD is of Feb 2015. My wife holds the H4 EAD based on this I-140 approval.

    Now, as of January 2017, the new I-140 portability rule took in effect. According to which I can now switch job and still retain my I-140 even though my current employer revokes it. From what I understand, based on this I-140, my new employer can file any number for H1B extensions even if its withdrawn by my current employer. Please correct me if I am wrong.

    Also, based on my initial approved I-140 which might be withdrawn by my current employer, In future, My wife could still file for H4EAD renewals. Please correct me if I am wrong.

    Thanks
    Diwakar
     
  14. super12

    super12 New Member

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    Hi Ron,

    I am also in the same situtation.My wife's H4 EAD is valid until 12/31/2018.She is working with her H4-EAD.I have moved to a new employer in april AFTER new I140 rule.My I140 was approved in sep 2011.Yesterday I have received an online alert from USCIS that my previous employer with drew my I140.I also got an extension of only 1 year with the new employer.Also this withdrawal,will it affect my wife's already approved H4-EAD.Can she continue using it until 2018?

    If you or your team offers any consultation,I am willing to pay and take a legal advise from your team as Iam really tensed now.

    Appreciate your response.
     
  15. New Guy

    New Guy Senior Member

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    Employer can't withdraw 140 after January 2017, if it has been valid for more than 180 days... Unless USCIS revokes it for fraud....

    You should be able to continue your extensions.


    Note: I am not a lawyer...
     
    Santy and donisback like this.
  16. super12

    super12 New Member

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    Thank you.Any idea on H4-EAD already approved before I140 was withdrawn.Can my spouse continue using it to do her current job?
     
  17. Santy

    Santy Guru

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    Are you sure about it. I am little confused. How sure are you that it is retroactive? I haven't done research on this.
     
  18. Santy

    Santy Guru

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    H4 EAD is gone after it expires. It needs to be renewed with active and approved 140.
     
  19. super12

    super12 New Member

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    Isn't the below true?

    If the I-140 has been revoked before Jan. 17, 2017, it can not be used for H1 extensions. If the is I-140 revoked after Jan. 17, 2017, you can still get H1 extensions.

    That's what not being retroactive means. The new rule does not apply to cases where the I-140 was revoked before the rule gets into effect.
     
  20. Santy

    Santy Guru

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    Thanks. My question was more about a case where 140 was approved before 2017 but withdrawn after Jan/17/2017.
     

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