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H1buser39

h4 EAD - change of employer

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Hello,

 

I have my 140 approved and my spouse is on h4-EAD right now, his h4 EAD is valid until Jan 05 2017. My current employer doesn't give I-140 approval notice to the employees. I found a new job, I'm planning to take the new job. However, my spouse definitely need h4 EAD.

 

1. Can I ask my current employer to file the extension(h-1b, h4 and ead renewal) and then take the new job?

 

2. if I do so, my spouse will be getting ead for 3years and will it be valid even if I change the employer without I-140 approval notice?

 

3. I have filed FOIA to get the copy of I-140 application - is this enough to renew the h4 EAD? 

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Hi,

Once you change to a new employer, your wifes H4 EAD is not valid with new employer unless you got your new i140 and file a new EAD.

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Hi,

Once you change to a new employer, your wifes H4 EAD is not valid with new employer unless you got your new i140 and file a new EAD.

Nope, EAD will be valid as long as I140 is not revoked. OP has to make sure that his I140 is not revoked.

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Hi,

Your wifes H4 EAD is issued based on i140 of the employer who issued.it..

 

In this case, once your wifes EAD expires, renewal  be an issue if you change to a different employer.

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Hi,

 

I am in 3rd year of H1-B. My I-140 is approved and spouse received H4-EAD valid for 3 years (till 2019). If I change job, my I-140 will be withdrawn by previous employer. Will H4-EAD be revoked in this situation? 
 
USCIS website state that its their discretion to revoke it or not. Are there any cases which you came across where USCIS sent Notice of intent to Revoke (NOIR) H4-EAD when I-140 is revoked?
 
I found a post where its mentioned that USCIS did sent NOIR in similar situation.
Posted by shashan (21) 25 Aug 2016
 

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