Eligibility for EAD filing with approved I-140 from previous employer.

[sopindore]

Hello, 

 

I have a question about the eligibility for filing the EAD for my wife.

 

I am on H1b visa, my wife is on H4 visa. We both have valid visas in our passports. 

 

I changed my job from company A to company B, I have my I-140 filed with company A at this point. My current employer is in the process of transferring the I 140 from company A to B, keeping the same priority date. It might take few months.

 

After switching the job, we went to India and attended the visa interview, that's how we have the most recent visas, with company B on our passports.

 

Now the question is, Can I file EAD for my wife at this point, knowing that the I-140 is still on the name of my previous employer, company A. Or it is advisable to wait till the transfer of I 140 complete from company A to B and then proceed. 

 

Thank you. 

 

 

 

[jairichi]

Check with ex-employer whether the I140 is not revoked. If it is not revoked then your spouse can apply for EAD.

Another thing, there is no transfer of I140. Employer has to start from beginning. And, it may or may not be possible to retain PD.

[rahul412]

Yes, you can.But make sure that I140 is still valid.