I-140 withdrawal after 180 days of approval and H4 EAD impacts

[vivektampa]

Hi Team,

Thanks in advance for considering & responding to my post. I have got my I-140 approved in Feb 2016 through my current employer (say Company-1) and as you know it has been already approved for more than 180 days. My wife has got her H4-EAD based on my approved I-140 (from Company-1) and her H4 EAD is valid till 2019; she is also working through her H4 EAD now. Now I am planning on taking up a new job opportunity with another employer (say Company-2) through H1B transfer. Now if I transfer my H1B to new employer (Company-2) and if my current employer (company-1) withdraws my I-140, 

1. Would my spouse's H4 EAD obtained through the I-140 of my current employer (Company-1) becomes invalid when my current employer withdraw my 1-140 or would the H4 EAD continues to be valid till 2019 even if my current employer withdraw my I-140? In a nutshell, when my current employer withdraws my I-140, are there any impacts to my wife's employment that she had obtained through H4-EAD.

2. By 2019, if I have to renew my wife's H4-EAD, do I need to have an approved I-140 from my new employer (Company-2) or could I still renew her H4-EAD based on my current employer's I-140 (Company-1) even if they withdraw my I-140? I understand, with the new rule, my current employer withdrawing my I-140 has no impact on my H1B transfer to my new employer (Company-2) & for subsequent H1B extensions with my new employer (unless USCIS revokes the I-140); but I am not clear if we could renew my wife's H4 EAD based on a withdrawn I-140  of my previous employer (Company-1)? 

Please advise.

[Vinayprirajin84]

On 6/30/2017 at 8:47 AM, vivektampa said:

Hi Team,

Thanks in advance for considering & responding to my post. I have got my I-140 approved in Feb 2016 through my current employer (say Company-1) and as you know it has been already approved for more than 180 days. My wife has got her H4-EAD based on my approved I-140 (from Company-1) and her H4 EAD is valid till 2019; she is also working through her H4 EAD now. Now I am planning on taking up a new job opportunity with another employer (say Company-2) through H1B transfer. Now if I transfer my H1B to new employer (Company-2) and if my current employer (company-1) withdraws my I-140, 

1. Would my spouse's H4 EAD obtained through the I-140 of my current employer (Company-1) becomes invalid when my current employer withdraw my 1-140 or would the H4 EAD continues to be valid till 2019 even if my current employer withdraw my I-140? In a nutshell, when my current employer withdraws my I-140, are there any impacts to my wife's employment that she had obtained through H4-EAD.

2. By 2019, if I have to renew my wife's H4-EAD, do I need to have an approved I-140 from my new employer (Company-2) or could I still renew her H4-EAD based on my current employer's I-140 (Company-1) even if they withdraw my I-140? I understand, with the new rule, my current employer withdrawing my I-140 has no impact on my H1B transfer to my new employer (Company-2) & for subsequent H1B extensions with my new employer (unless USCIS revokes the I-140); but I am not clear if we could renew my wife's H4 EAD based on a withdrawn I-140  of my previous employer (Company-1)? 

Please advise.

I have also same questions.