I140 Approved, change employer and H4 EAD eligibility


richesh07

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Dear Members,

Please review my case below and reply accordingly. It will be really helpful.

My H1B is maxing out in July 2016. I have an approved I140 from current employer. I'm planning to change employer in Jan 2016 so that I can get Perm filed later on through new employer. Additionally I'm looking for H4 EAD for my wife through the new employer based on AC21 rule and not through I140 approval rule.

My question is in above scenario, will my spouse be eligible for H4 EAD if my new employer files my Perm the day i join them? Also, as per the document requirement for H4 EAD under AC21 rule, i need to show a proof that my employer has filed my perm 365 days before H1B maxout, in this case if my new employer files perm in Jan2016 it will not be 365 days before maxout date.

Please reply with your expert opinions. It is much appreciated.

Thank you!

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  • 2 weeks later...

Only if PERM was pending for approval for a year and you have a H1B extension based on that your spouse on H4 is eligible for EAD.

If your I-140 is not revoked by current employer then your spouse on H4 is eligible for EAD.

Hi JAirichi,

 

Is there clarity on who was filed under AC21 106 a and 106 b? If PERM and I140 is approved and H1B is granted for 2 more years than the first 6 years, Is this case applied under AC21 106a and 106b. 

 

It looks like AC21 106a 106B extensions need not be one year always, they can be in 3 years as well.

 

comments?

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Hi JAirichi,

 

Is there clarity on who was filed under AC21 106 a and 106 b? If PERM and I140 is approved and H1B is granted for 2 more years than the first 6 years, Is this case applied under AC21 106a and 106b. 

 

It looks like AC21 106a 106B extensions need not be one year always, they can be in 3 years as well.

 

comments?

 AC21 104© is for 3 year extensions and is based on approved I-140. AC21 106(a) and (b) are for PERM and I-140 pending for a decision for more than a year. 

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 AC21 104© is for 3 year extensions and is based on approved I-140. AC21 106(a) and (b) are for PERM and I-140 pending for a decision for more than a year. 

 

Could I ask the attorney to make a choice between using AC21 104 C and AC21 106(a) and (b) when filing for an extension?

 

ShouLd I just not give the attorney the approved I140? 

 

This is to cover my wife's H4 EAD when I change the employer and the previous one cancels the I140.

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