HelpMeForum Posted January 5, 2017 Report Share Posted January 5, 2017 I'm currently working as a consultant with a company. I have 140 approval from the this company. I'm planning to change job. I have H1b for over 6 years now, and my wife has started working on H4 EAD recently. Would my wife's EAD be still valid after I change the job? If/if not what needs to be done to keep it active? Link to comment
joe123_us Posted January 11, 2017 Report Share Posted January 11, 2017 In order to qualify for employment authorization as an H-4 nonimmigrant, H-1B must have been extended under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, your spouse would not qualify for employment authorization based on that eligibility criterion. But if you change job and if your I-140 is not revoked, then EAD will still be valid until the I-140 is revoked by USCIS. Even if I-140 has been revoked by USCIS, your spouse may still qualify for employment authorization if your H-1B has received an extension of stay under sections 106(a) or (b) of AC21, after your change of job!! Link to comment
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