H4 EAD filing when in 7th year after I-140 Withdawan

[Saurav261]

Hello, 

I need to know If my wife will get H4 EAD, since I am running on 7th year of my H1b,My current extension of H1b is till 2 more years, My approved I-140 got with drawn by my previous employer just around 150 days, i , e before 180 days. My new employer filed the extension of 3 years in premium on the basis of my approved I-140  and got 3 years extension (till sept 2021) just with in a month of my I-140 approval.my 8th year is starting in a month too. I have read on USCIS website  :

In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b)        of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion.
" You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.". 

My I140 is  not revoked by USCIS but withdrawn by my old employer after 150 days, does it mean my wife will surely get  H4 EAD. I need to know before filing or I have to wait for 1 more year to get another I140 from new Employer.

Please help.

 

 

[shekar11#]

23 hours ago, Saurav261 said:

Hello, 

I need to know If my wife will get H4 EAD, since I am running on 7th year of my H1b,My current extension of H1b is till 2 more years, My approved I-140 got with drawn by my previous employer just around 150 days, i , e before 180 days. My new employer filed the extension of 3 years in premium on the basis of my approved I-140  and got 3 years extension (till sept 2021) just with in a month of my I-140 approval.my 8th year is starting in a month too. I have read on USCIS website  :

In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b)        of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion.
" You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.". 

My I140 is  not revoked by USCIS but withdrawn by my old employer after 150 days, does it mean my wife will surely get  H4 EAD. I need to know before filing or I have to wait for 1 more year to get another I140 from new Employer.

Please help.

 

 

Better to confirm with an immigration attorney.

[Saurav261]

I did confirm with two immigration attorney, and they are saying there is a chance , you may get it. no body is certain , I was thinking Murthy lawyer can definitely be certain on it. thats why I posted here.

Edited September 9, 2019 by Saurav261

[shekar11#]

23 hours ago, Saurav261 said:

I did confirm with two immigration attorney, and they are saying there is a chance , you may get it. no body is certain , I was thinking Murthy lawyer can definitely be certain on it. thats why I posted here.

This is a public forum. To get Murthy law firm's professional time you need to schedule an appointment with them.