rgaddam437 Posted June 25, 2015 Report Share Posted June 25, 2015 I'm on H1B visa with I-140 approved with employer A. Recently in April moved to Employer B. I was left with 1 yr 4 months of H1B out of 6Yrs. When Employer B transferred my H1B based on my approved I-140 I got 3 more years of H1B (under the AC21 H-1B portability rules). My wife is currently on H1B and I would like to apply her H4 EAD. My I-140 is active and is not revoked by my previous employer (A). My new employer (B) will start my GC processing in couple of months. Now I have many questions based on my situation: 1. Is my wife eligible for H4 EAD with the approved I-140 with Previous employer (A)? 2. As my H1B extended beyond 6 yrs under AC21 act (even though I did not finish 6 yrs H1B) will my wife eligible for H4 EAD under this provision? 3. If eligible, as my wife is currently on H1B can I apply for H4 Visa(Change of Status) and H4-EAD together? 4. If in case my wife's H4 EAD application is denied/rejected will this affect her H1B status? Thanks in advance. Link to comment
jairichi Posted June 25, 2015 Report Share Posted June 25, 2015 1. Yes. 2. Yes, based on approved I-140. 3. Yes, but H4 EAD application processing will start only after approval of COS to H4. 4. Yes if her COS to H4 gets approved. Link to comment
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