jsbrar31 Posted April 19, 2017 Report Share Posted April 19, 2017 My wife is working on H-1B in a non-profit organization and they have also filed her I-140. I am working on F1-OPT and planning to move to H4-EAD once her I-140 gets approved (My employer doesn't sponsor H-1B). I have the following questions: 1) If she stays 180 days on approved I-140 and then changes her job, will I be able to keep working on H4-EAD? 2) If I-140 is revoked by her employer, will I be able to get H-4 EAD extension and for how long? 3) Will she need new I-140 only when her priority date is current (Country of Birth: India)? In other words, will she be able to get H-1B extensions without an active I-140? Thanks in advance JSB Link to comment
shekar11# Posted April 20, 2017 Report Share Posted April 20, 2017 15 hours ago, jsbrar31 said: My wife is working on H-1B in a non-profit organization and they have also filed her I-140. I am working on F1-OPT and planning to move to H4-EAD once her I-140 gets approved (My employer doesn't sponsor H-1B). I have the following questions: 1) If she stays 180 days on approved I-140 and then changes her job, will I be able to keep working on H4-EAD? 2) If I-140 is revoked by her employer, will I be able to get H-4 EAD extension and for how long? 3) Will she need new I-140 only when her priority date is current (Country of Birth: India)? In other words, will she be able to get H-1B extensions without an active I-140? Thanks in advance JSB 1. Yes. 2. Yes, you can. It is based on your spouse H-1 expiry date. 3. Yes. Once the I-140 is approved for more than 6 months even if employer revokes it, will not affect you guys. But new employer has to apply Labor and I-140 again but the date can be retained. Link to comment
jsbrar31 Posted April 20, 2017 Author Report Share Posted April 20, 2017 2 hours ago, shekar11# said: 1. Yes. 2. Yes, you can. It is based on your spouse H-1 expiry date. 3. Yes. Once the I-140 is approved for more than 6 months even if employer revokes it, will not affect you guys. But new employer has to apply Labor and I-140 again but the date can be retained. Thank you for your reply. I highly appreciate it. Link to comment
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