H4 EAD RFE - i140 revoked


Srs2015

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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!

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  • 10 months later...
  • 3 months later...
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?

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  • 4 weeks later...

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!

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