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H4 Ead Renewal Based On Jan 2017 Rules Changes

Discussion in 'H4 employment authorization' started by Diwakar Dwivedi, Mar 14, 2017.

  1. Diwakar Dwivedi

    Diwakar Dwivedi New Member

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    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 as of Feb 2015. My wife holds the H4 EAD based on this I-140 approval valid this Dec 2018

    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 and Priority Dates 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 From what I understand, based on this I-140, my new employer can file any number for H1B extensions even if its withdrawn by my current employer.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    Also, based on my initial approved I-140 which might be withdrawn by my current employer, In future, My wife could still file for H4EAD renewals.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
     
  2. Santy

    Santy Guru

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    You can have H1 transfer based on your approved 140. You can port your dates too. If the 140 is revoked and you don't have an approved 140 then you can't extend h4ead after it expires.
     
  3. Diwakar Dwivedi

    Diwakar Dwivedi New Member

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    Thank you Santy. But even after the I-140 is revoked by my current employer. I will be able to get unlimited H1B extensions based on that I-140 and also retain my PD. right?
     
  4. Santy

    Santy Guru

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    As of today: yes.
     
  5. Diwakar Dwivedi

    Diwakar Dwivedi New Member

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    Thank you very much!
     

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