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I140 Approval + H4 Ead + H1b Transfer

Discussion in 'PERM modernization' started by sammy123321, Jun 28, 2016.

  1. sammy123321

    sammy123321 New Member

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    Hi

    My husband got his I140 approved from company A and I have applied for my H4 EAD, its 1 month now. He got his extension on his H1B through I140. My husband is planning to join Company B, and planning to do in premium

    I am not sure about below circumstances, Please help me with them:

    1) My petition is still pending, Will I get in to some trouble of getting H4 EAD if he joins company B in mean time, as he has his approved I140 from Company A and he is doing his H1B transfer?

    2) In case H4EAD petition gets approved and after that my husband switch from Company A to company B, Can I still work?

    3) Is it possible to transfer I-140 from Company A to B

    4) Is it possible to get I 797A and I140 approval copies from company A

    5) In case my husband company ''Company A" withdraws his I140, will he able to work on H1B ( this is H1B extension for 2 years on the basis of I140) for company B?

    Thanks
     
  2. Santy

    Santy Guru

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    1. There won't be any problem if 140 is active
    2. If 140 is active
    3. No
    4. If Company A gives.
    5. He will be able to work for the whole duration for which H1 will be granted before 140 gets pulled by employer.

    Note: I am not a lawyer
     
  3. sammy123321

    sammy123321 New Member

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    Thank You Santy for your reply. I am also hoping if I can get lawyer response here.

    There is one more Question that came to my mind after Santy response-
    6) If I140 is withdrawn by employer, I would not be able to work even though I have the H4EAD card with me?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    All an H4 needs to do is make sure that the H1B remains in status. You do not need to "transfer" anything. As long as the H1B is in status, and your I-94 hasn't expired, you are here lawfully.
     
  5. sammy123321

    sammy123321 New Member

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    Thank You Ron
    In case I140 is withdrawn by company A, and H1B is transferred from company A to B and lets assume he gets 2 years on the H1B from company B
    but my EAD was based on his I140 which is already revoked by company A, will I be able to work ? (I am having I94 and he is also maintaining his status but with new employer)
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the approval comes before the withdrawal, you get to keep the extension.
     
  7. Kally

    Kally New Member

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    I have my H1 and H4 approved till March 2020 and with my current employer. I have started my H1 transfer with other employer last week. Can i file H4 EAD with the current approved H4 approval notice of 3 years. I also have approved I 140.
    If yes, What should i enter in point 18 (Provide receipt number of your H1 B principal spouse’s most recent form I-797 Notice of approval for form I-129) of I 765 form. Will it be the one which i have used with my current employer or the one with the new employer.

    Please note my current employer will revoke my H1 within 30 days of resignation.
     

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