H4 EAD while old employer revoking I-140 .


M27

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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.

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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in this forum had responded once that they have seen instances recently PD could not be retained for I-140 that is withdrawn or revoked.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).

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  • 1 year later...

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.

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  • 1 year later...

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