H-4 EAD eligibility with I-140 withdrawn

[ark522]

 

1. I want to apply for H-4 EAD using my spouse's Previous employer A approved  I-140. But the Emp A has withdrawn the I-140 (which was active for more than 180 days). My spouse switched to a new employer B who recently extended his H-1B (beyond 6th yr) for 3 years. He had used the same I-140 for his H-1 extension.

 

2. Is it that for applying for H4 EAD, the  I-140 should be active irrespective of the employer? Can't I be eligible since my spouse H-1B is still valid for next 3 yrs?

 

Kindy advice.

[shekar11#]

23 hours ago, ark522 said:

 

1. I want to apply for H-4 EAD using my spouse's Previous employer A approved  I-140. But the Emp A has withdrawn the I-140 (which was active for more than 180 days). My spouse switched to a new employer B who recently extended his H-1B (beyond 6th yr) for 3 years. He had used the same I-140 for his H-1 extension.

 

2. Is it that for applying for H4 EAD, the  I-140 should be active irrespective of the employer? Can't I be eligible since my spouse H-1B is still valid for next 3 yrs?

 

Kindy advice.

This question has already been answered. Please do not post twice.

[ark522]

I have received only one response. Unless two or more people say the same thing how can I be sure its true.

[JoeF]

1 hour ago, ark522 said:

I have received only one response. Unless two or more people say the same thing how can I be sure its true.

Everybody here is a lay person. If you got an answer, take it or not.

If you want to be sure ask (and pay for) a lawyer.

[satya2k1]

I agree with Joe... people post their opinions here based on their personal experience or others.  It is not gospel.  Every case is different, so  If you like to get a confirmed/legal answer then you have to ask an attorney.