I-140 Changes and H-4 EAD

[Attorney_22]

 

Hi,

 

My below are approved through company A.

1) H1B valid till June 2018

2) i140 approved in July 2015

 

I am planning to  change to Company B and planning to get marry. Can my wife apply for H4EAD with old company A I-140 after changing to company B, if my I-140 is not revoked?

 

Technically yes. 

[guthikv]

What often do the companies withdraw the i-140 petition for the employees that left the organization? Is this a huge task for the organization or do the companies normally don't bother about it.

 

Thanks.

[2107890]

And what will you get after this rule is published?? NOTHING.....

 

Not even a single person will be eligible for EAD after I140 approval as per this rule, mark my words.  You are here for 8+ yrs,i am here in US for almost one decade.

How is your response helpful or answering the question? You are merely assuming, pessimistically. And besides, you have been in the country for almost the same time as the OP - '8+ years' and 'almost a decade' are about the same so there was no need to mention that.

[Patak]

Hi,

    If my current employer has filed my i140 and using that my spouse has a H4 EAD. Supposingly I moved to another company, and my past employer revokes i140, can my spouse still work till the date mentioned on the EAD?

 

Also is there a way to check if my i140 is revoked by my past employer?

[rahul412]

How is your response helpful or answering the question? You are merely assuming, pessimistically. And besides, you have been in the country for almost the same time as the OP - '8+ years' and 'almost a decade' are about the same so there was no need to mention that.

My first sentence itself is the answer. My first, it looks like you are new to immigration world or to how USCIS works. It will be foolish to believe that something positive will come out from this rule.

[Shekarfav]

Hi,

 

My wife (who is a primary care physician) is on an H1-B and has an approved I-140, based on which I got my H4-EAD. I chose not to apply for my H1-B for flexibility in employment plus possibility of starting a business.

 

My questions:

1. I am of the understanding that if the primary H1-B holder changes jobs, the employer can choose to revoke I-140 and I can lose my EAD. Is this true? 

 

2. If the answer to my previous question is yes, If yes,

      a. Is there a grace period for the validity of my EAD?

 

      b. And does she have an option to apply for H1-B and I-140 under National Interest Waiver (NIW)? If yes, how long does that take to process? How does it affect my current EAD?

 

3. Am I missing something in the understanding of the process? And are there alternative solutions to preserving my EAD and her currency to get a GC?

 

Thank you much! 

[guthikv]

What often do the companies withdraw the i-140 petition for the employees that left the organization? Is this a huge task for the organization or do the companies normally don't bother about it.

 

Thanks.

 

 

Any update on the message above. Will companies have time to go through such process?

 

Thanks,

[Attorney_22]

What often do the companies withdraw the i-140 petition for the employees that left the organization? Is this a huge task for the organization or do the companies normally don't bother about it.

 

Thanks.

It is a simple process, but not all employers do it. 

[Shekarfav]

Hi,

 

My wife (who is a primary care physician) is on an H1-B and has an approved I-140, based on which I got my H4-EAD. I chose not to apply for my H1-B for flexibility in employment plus possibility of starting a business.

 

My questions:

1. I am of the understanding that if the primary H1-B holder changes jobs, the employer can choose to revoke I-140 and I can lose my EAD. Is this true? 

 

2. If the answer to my previous question is yes, If yes,

      a. Is there a grace period for the validity of my EAD?

 

      b. And does she have an option to apply for H1-B and I-140 under National Interest Waiver (NIW)? If yes, how long does that take to process? How does it affect my current EAD?

 

3. Am I missing something in the understanding of the process? And are there alternative solutions to preserving my EAD and her currency to get a GC?

 

Thank you much! 

I meant option to apply for GC through NIW. Can anyone throw some light on this please?

[Attorney_22]

I meant option to apply for GC through NIW. Can anyone throw some light on this please?

To answer the easiest question, if the I-140 which the H-4 EAD is based on is withdrawn or revoked, USCIS can issue a rescission of the EAD. However, in practice we have yet to see this become an issue. In regards to other aspects of your questions, it is advisable to speak an an attorney over the phone to discuss any possibilities and likelihoods of success. Unfortunately there are too many nuances to explain properly in a forum. 

[carrefour77]

Hi,

 

I am on my 9th year of H1B visa (last three year expired on April 2016), and its extended till Aug 2018. My company applied in 2015, and I got it in premium processing. This three year extension I got based on an approved I-140 from the current company, approved Jan 2015 in EB2. My wife recently got her H4 EAD renewed using my new extended H1B till 2018, and she also started work on that EAD till Aug 2018.

 

Question I have is:

If I change job now using my approved I-140 from current company, the new company when they do my H1B and H4 transfer using my I140, I am assuming I will get three year extension from April 2016 till April 2019. Now, DO I HAVE TO AGAIN go to USCIS to get my wife's EAD renewed till April 2019 or whatever date I get, since originally I used my H1B to get her EAD extended, so if my H1B and H4 dates are extended or changed, the EAD should also reflect that, RIGHT ?

 

Also, she can work without interruption on her EAD ? (since I am not using my I-140 to get her extension, as I-140 could be withdrawn), since its valid till 2018 anyways, and my H1B/H4 will be anyways beyond 2018.

 

Thanks

[amitkoul24]

Hi,

 

I am from Kashmir and as you know the how bad are things in KASHMIR . Can something be done in this case?

 

Thanks

[indiusa]

Call our office. 

Sir, please provide best number for California

[Attorney_22]

Sir, please provide best number for California

This link has the information you need: http://www.murthy.com/client-services/hire-us/

[vivek123]

Hi,

I was working for employer A for a period of time and they processed my green card. I got I-140 approved and then I moved to employer B, which will not do green card processing.As per the employer A policy they will not withdraw an approved I‐140 when an employee terminates involuntarily or voluntarily.Is the I-140 particular to a location and position ? If employer B relocates me to a different location in USA, will the approved I-140 (employer A) be still valid? 

[rahul412]

Hi,

I was working for employer A for a period of time and they processed my green card. I got I-140 approved and then I moved to employer B, which will not do green card processing.As per the employer A policy they will not withdraw an approved I‐140 when an employee terminates involuntarily or voluntarily.Is the I-140 particular to a location and position ? If employer B relocates me to a different location in USA, will the approved I-140 (employer A) be still valid? 

Its not location specific.