I-140 Changes and H-4 EAD

Attorney_22

By Attorney_22,
in I-140

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Attorney_22 Advanced Member

Attorney_22

Posted
Posted

Due to the popularity of last week's topic, Murthy Law Firm attorneys will continue to answer questions regarding I-140 changes and the effects it can have on H-4 EADs. 

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

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nlokeshn Newbie

nlokeshn

Posted
Posted

Hi,

 

My below are approved through company A.

 

1) H1B valid till June 2018

2) i140 approved in July 2013

 

Also my wife got H4 valid till June 2018 and H4 EAD based on above.

 

Now i am planning to shift to company B. They will transfer my H1B but will not start GC process immediately. Will this impact my wife H4 EAD? 

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kalyanasv Newbie

kalyanasv

Posted
Posted

Assuming an I-I140 is approved and H4 EAD card has been issued.

 

The employer of the H1B applicant (spouse), applied for the H1B extension of stay. The problem being that the H1B approval for extension of stay has a back log ~ 8 months = 240days. Currently, I am in possession of the receipt of H4 extension.

It states that my H4-EAD can only be renewed 120 days prior to expiration, which expires in September 09/09/2016 => the earliest I could apply is May 12 2016 ( I am eligible to apply for renewal).

 

* Can I reapply for a H4-EAD renewal with a receipt for H4 extension?

 

* Am I better asking my spouse to go through premium processing?

** Subsequently apply for a renewal?

 

 

Thanks

Kalyani.

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rahul412 Advanced Member

rahul412

Posted
Posted

When will the I 140 rule pass ? It's been 8+years am in US and still waiting for my date to get current . Are the rules so complicated to give anyone a 140, then what's the point in this rule . Can you please clarify ?

And what will you get after this rule is published?? NOTHING.....

 

Not even a single person will be eligible for EAD after I140 approval as per this rule, mark my words.  You are here for 8+ yrs,i am here in US for almost one decade.

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insurgeof Newbie

insurgeof

Posted
Posted

I have an approved I-140 with PD 2013. My wife works on H4 EAD based on my I-140. If i join another company with my i-140(say i get H1, my wife's H4 and EAD for 3 years), Would it be fine if she continue to work on that EAD even if my I-140 gets revoked after H1 approval.

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guthikv Advanced Member

guthikv

Posted
Posted

Hello,

 

Currently we have a 3year  H1b extension and H4 EAD extension till 2019. I am working as a fulltime with approved i-140.  My questions are:

 

1. What happens to H4 EAD if I change jobs and the new employer is not ready to file the GC. Will it be valid till 2019?

 

2. What exactly is revoking i-140?  Does the companies normally do that if an employer quits them? 

 

Thanks in advance.

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Attorney_22 Advanced Member

Attorney_22

Posted
  • Author
Posted

Hello Sir,

 

I have got my I-140 very recently and I would like to apply H4 EAD. Am I eligible to apply H4 EAD as soon I got my I-140?

What happens to this H4 EAD if I change my job after 6 months?

 

Thanks,

CM

When your spouse has an approved and valid I-140 and maintaining H1B status, you as the dependent are eligible for an H-4 EAD. With that EAD you can work in any legal capacity you wish. However, if your H1B spouse with the I-140 changes jobs and the original sponsor withdraws the I-140, it is possible USCIS could rescind/revoke the H-4 EAD.  

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Attorney_22 Advanced Member

Attorney_22

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Posted

My wife got her H4 EAD approximately 6 months ago. I am on H1B status with I140 approved several years ago. Can my wife start a C-Corporation as owner and start running payroll for her and her employees? Is this allowed and legal?

The H-4 EAD allows an individual to work in any legal capacity they wish, including their own company. However, I cannot speak to the best business structure to utilize. 

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Attorney_22 Advanced Member

Attorney_22

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  • Author
Posted

Hi,

 

My below are approved through company A.

 

1) H1B valid till June 2018

2) i140 approved in July 2013

 

Also my wife got H4 valid till June 2018 and H4 EAD based on above.

 

Now i am planning to shift to company B. They will transfer my H1B but will not start GC process immediately. Will this impact my wife H4 EAD? 

If the I-140 is withdrawn it is possible USCIS will rescind/revoke H-4 EAD. As of yet we have not seen this in practice, but it is a possibility. 

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aniruds Newbie

aniruds

Posted
Posted

If you have approved I-140, but plan on moving to Canada with same employer for 1-2 years, can you still hold you priority date? Or will USCIS consider the GC application is abandoned?

 

If answer to above question is yes, then can you file for Canada PR while also having a pending GC application?

 

Lastly, when moving to US, if the employer files for L1 and not H1B and then GC, will it be a new application or will they just update the old GC application?

 

Thanks.

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Swift77 Newbie

Swift77

Posted
Posted

I am hearing conflicting information on H-4 EAD, such as it can only be provided if extenuating circumstances exist for an H-1B worker so that his spouse can work  and not everyone with approved I-140 and valid H-1B can apply, could you please clarify ?

 

Secondly, is there any advantage of staying with a company for 6 months after I-140 approval before changing jobs.

 

I would appreciate if you can please answer above questions.

 

Thank you

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pekambar Newbie

pekambar

Posted
Posted

Hi,


 


My below are approved through company A.


1) H1B valid till June 2018


2) i140 approved in July 2015


 


I am planning to  change to Company B and planning to get marry. Can my wife apply for H4EAD with old company A I-140 after changing to company B, if my I-140 is not revoked?


 


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johnskfrancis Newbie

johnskfrancis

Posted
Posted

Hi,

 

I was working for the same company for 10+ years, 8 years in the US. The company sponsored me for my H1-B visa and filed for GC processing. I have an approved I-140 (approved in November 2013), following which I was on H1-B extensions. Due to the delay in the priority dates becoming current, I resigned my job in March 2016 and returned to India. I want to know if there is a way to see if my I-140 is still valid, without actually having to contact my company or the law firm they had employed? I do have the approved I-140 document with me.

 

Thanks

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Attorney_22 Advanced Member

Attorney_22

Posted
  • Author
Posted

If you have approved I-140, but plan on moving to Canada with same employer for 1-2 years, can you still hold you priority date? Or will USCIS consider the GC application is abandoned?

 

If answer to above question is yes, then can you file for Canada PR while also having a pending GC application?

 

Lastly, when moving to US, if the employer files for L1 and not H1B and then GC, will it be a new application or will they just update the old GC application?

 

Thanks.

Provided the I-140 is not withdrawn/revoked and the offer remains valid, even while you are abroad the I-140 will remain viable for a future green card when the priority date is current. Pursuing Canadian legal permanent residence will not interfere with the I-140 while you await your priority date. Regarding your last question, it is best to speak directly with one of our attorneys. 

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Attorney_22 Advanced Member

Attorney_22

Posted
  • Author
Posted

Hi,

 

I was working for the same company for 10+ years, 8 years in the US. The company sponsored me for my H1-B visa and filed for GC processing. I have an approved I-140 (approved in November 2013), following which I was on H1-B extensions. Due to the delay in the priority dates becoming current, I resigned my job in March 2016 and returned to India. I want to know if there is a way to see if my I-140 is still valid, without actually having to contact my company or the law firm they had employed? I do have the approved I-140 document with me.

 

Thanks

You can check the online case status at USCIS.gov, however you should be aware the online case status is not always 100% accurate or updated promptly. 

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Attorney_22 Advanced Member

Attorney_22

Posted
  • Author
Posted

I am hearing conflicting information on H-4 EAD, such as it can only be provided if extenuating circumstances exist for an H-1B worker so that his spouse can work  and not everyone with approved I-140 and valid H-1B can apply, could you please clarify ?

 

Secondly, is there any advantage of staying with a company for 6 months after I-140 approval before changing jobs.

 

I would appreciate if you can please answer above questions.

 

Thank you

Provided an individual is in H1B status and has an approved I-140, that individual's dependent spouse in H4 is eligible to apply for an EAD. Regarding your second question, it sounds like you may be referring to AC21 that allows an individual to change jobs after the I-485 has been pending for 180 days and the new job is a substantially similar position. Accordingly, you may want to call our office to speak to one of our attorneys.  

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