M27 Posted July 15, 2015 Report Share Posted July 15, 2015 Here is my situation. I have a Approved I-140 from my previous employer (A). I am currently at a new employer (B). 4th year on H1. I have applied H4 EAD for my wife ( No updates on status yet , receipt date June 1st). My Old employer (A) has called and said he is going to revoke my I-140. He says he got a RFE (Ability to pay) while applying another I-140 for one of his employees. Questions: 1. What happens to the the current H4 EAD which is in pending state if my old employer revokes my I-140 . 2. Can an employer actually revoke an approved I-140. How can I stop from that happening or Can I counter it in anyway. 3. Would the employer send a notice or would I receive a receipt kind of thing from USCIS once the I-140 is revoked. 4. If I-140 is revoked after the H4 EAD is approved, can my wife continue to work on H4 EAD. 5. What happens if my wife continues to work without knowing the fact that the I-140 is revoked. ( I mean should my wife keep checking the status of H4 EAD each day before going to work or even looking to find a job. ). 6. My attorney says, I can port the Priority date, even if the I-140 is revoked, since it is already approved. Has anybody had this scenario. 7. If the old employer wait to revoke I-140 until H4 EAD is approved, would that help in keeping the H4 EAD active. Any suggestions are appreciated. Thank you. Link to comment
jairichi Posted July 15, 2015 Report Share Posted July 15, 2015 1. Will be denied. 2. Yes. It is employer's call. You can do nothing. 3. I don't think you will get anything. 4. No 5. Once I-140 is revoked she should stop working. If she continues working even after I-140 revocation it will be considered unauthorized employment and she might end up being banned from US. 6. It used to be the case. An attorney in this forum had responded once that they have seen instances recently PD could not be retained for I-140 that is withdrawn or revoked. 7. No. You lose I-140 then EAD is by default invalid. http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses 6. What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140? We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12©(26). Link to comment
sruthiwsk Posted April 22, 2017 Report Share Posted April 22, 2017 Hi Jairichi, Can you please confirm if H4 EAD will be invalid automatically if H1b's previous employer revokes I140?? Because in your Question and Answer which you copied from USCIS site doesn't say it exactly that....they are just saying they have right to revoke H4 EAD. But my question here is what if USCIS revokes I140 and not H4 EAD case and both H4 and H1b are maintaining their statuses?? Looking forward to hear from you soon. Thanks. Link to comment
pontevecchio Posted April 23, 2017 Report Share Posted April 23, 2017 @shrutiwsk Jairichi would seem to have left the building as they say as the last post was on January 30,2016. In your scenario further extensions of EAD will not be possible once the I-140 is revoked. Link to comment
billwilhelmravi Posted July 16, 2018 Report Share Posted July 16, 2018 If I-140 is revoked after the H4 EAD is approved, can my wife continue to work on H4 EAD untill the expiration date Link to comment
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