Srs2015 Posted October 15, 2015 Report Share Posted October 15, 2015 Hi, My wife recently applied for her H4 EAD, but got an RFE saying my i140 from previous employer is revoked my USCIS. I'm on my 9th year on H1b, and all extensions I got were 3 years based on approved i140. The latest extension was by end of 2014 and I got h1b renewed till 2017. But few months back when my wife applied for h4 ead under approved i140 category, she got RFE saying i 140 is revoked by USCIS. I have approved Perm and pending i140 (applied last month) from my current employer. What are her chances of getting ead using these documents since my h1 extensions were using section 104 c under AC21 and not 106 a or b. Are there any chances that USCIS its a typo from USCIS that they said my previous i140 is revoked, since I got 3 year extension on H1b based on same i140, in Oct 2014. Is there a way I know status of my i140? USCIS case status page says its approved, and has the same 'last updated date' when it was approved. Please help with your feedback. Regards, Jay! Link to comment
jairichi Posted October 15, 2015 Report Share Posted October 15, 2015 Chances are zero with the pending I-140 and if the old I-140 is revoked. Never trust USCIS website. You need to talk with employer who had filed that I-140. Link to comment
rahul412 Posted October 15, 2015 Report Share Posted October 15, 2015 You should have a valid I140 while applying for H4 EAD, since you don't have one you got an RFE. Now you have to submit evidence that your H1 was extended under AC21. Link to comment
Srs2015 Posted October 16, 2015 Author Report Share Posted October 16, 2015 Thanks Rahul. My extensions were 3yrs, under 104c of AC21. So I'm wondering if this is good enough to get H4 EAD, or it should be extensions of 1 year, as per section 106 a of AC21. Anyone in similar situation? Link to comment
H4EADExtension Posted August 17, 2016 Report Share Posted August 17, 2016 Hello Srs2015, We are in a similar situation as you were a year back.... My husband got an extension of 3 years and mostly his I-140 will be revoked . I wanted to know if your wife's RFE got cleared? What docs did you had to submit for that? Thanks in advance , Best! Link to comment
new1024 Posted December 12, 2016 Report Share Posted December 12, 2016 On 10/15/2015 at 11:16 AM, Srs2015 said: Hi, My wife recently applied for her H4 EAD, but got an RFE saying my i140 from previous employer is revoked my USCIS. I'm on my 9th year on H1b, and all extensions I got were 3 years based on approved i140. The latest extension was by end of 2014 and I got h1b renewed till 2017. But few months back when my wife applied for h4 ead under approved i140 category, she got RFE saying i 140 is revoked by USCIS. I have approved Perm and pending i140 (applied last month) from my current employer. What are her chances of getting ead using these documents since my h1 extensions were using section 104 c under AC21 and not 106 a or b. Are there any chances that USCIS its a typo from USCIS that they said my previous i140 is revoked, since I got 3 year extension on H1b based on same i140, in Oct 2014. Is there a way I know status of my i140? USCIS case status page says its approved, and has the same 'last updated date' when it was approved. Please help with your feedback. Regards, Jay! Hi Jay Any update on your case? did your wife get the approval? Link to comment
JoeF Posted December 12, 2016 Report Share Posted December 12, 2016 If the I-140 is revoked, she can't get an EAD. Link to comment
Srs2015 Posted January 7, 2017 Author Report Share Posted January 7, 2017 Sorry for the late reply, but hope this helps someone in similar situation. Yes, she got her EAD, after responding to RFE with the older i140 and pending i140 details. We also submitted all renewal notices and visa pages. Till now not sure if my older i140 is indeed revoked by USCIS or may be we just got lucky and got EAD. Thanks! Link to comment
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