Applying for H4-EAD through I-140 Approval (OR) H1B Spouse's Extension Beyond Six Years?Which is better?

[vikisan1021]

We all know that there are two Categories of H-4 Spouses Eligible for EADs:

Eligibility Based on I-140 Approval

Eligibility Based on H1B Spouse's Extension Beyond Six Years

 

If one is eligible for both categories i.e.

 - Candidate has applied for GC and have I140 approval notice

(AND)

- Have extended H1B for additional three years (based on I140 approval),

 

Which category one should choose. Do you have any recommendations?

 

a) Let's say I use my I140 to get H4-EAD, then change my job. If my previous employer revokes or withdraws my I140, my spouse's H4-EAD may or may not be revoked (even if new employer starts GC processing).

 

b) But if I use my H1-extension (AC21 rule) to get H4-EAD, then change my job. Even if my previous employer revokes or withdraws my I140, its highly unlikely event that my spouse's H4-EAD will be impacted. As long as my new employer starts my GC processing.

 

Thoughts please.

 

 

[rahul412]

If your I140 is alive during the filing then you are safe. If I140 is revoked later then you cannot get EAD ext.

[vikisan1021]

So which option is better?

 

Rahul: Thanks for your reply. So, if my old company revokes my I140 and my new company has filed PERM, even then my spouse cannot get H4-EAD extended based on my active H1 (extended based on AC21)? Please advise.

[rahul412]

There is no best option, both are one and same. H4 EAD expires when your H1 expires and H4 EAD gets ext when your H1 is ext, so technically there is no difference.

[vikisan1021]

Thanks again!

 

What I understand based on your reply is that: Whether I use my I140 or AC21 to obtain H4-EAD, H4-EAD extension is based on spouse's H1 validity?

 

So once H4-EAD is obtained, if I change my employer and start new GC processing and old employer revokes my current I140, H4-EAD will still be extended because I have my new H1 transferred/extended with new employer. Correct?

[rahul412]

 

What I understand based on your reply is that: Whether I use my I140 or AC21 to obtain H4-EAD, H4-EAD extension is based on spouse's H1 validity?

 

So once H4-EAD is obtained, if I change my employer and start new GC processing and old employer revokes my current I140, H4-EAD will still be extended because I have my new H1 transferred/extended with new employer. Correct?

H4 EAD ext depends on how your H1 was extended. If your h1 was ext bcos of AC21 or I140 approval then H4 EAD can be ext.