H4 EAD With Approved I-140 from Previous Employer

[srihari12]

Hello,

I have the below situation, please help me with the best.

I used to work with Employer A(Previous) and had a approved I-140 with them and shifted to new Employer B(Current) 2 months ago.

My I-140 is approved 1 year back(180 days passed).

1. Can i use this I-140 for applying the H4 - EAD for my spouse ? I know till now old employer haven't withdrawn the 140 and they will withdraw in few months.

2. What if my previous employer withdrawn his I-140 after my EAD is approved? 

3. From the Jan 2017, USCIS will not revoke the 140 unless certain fraud situation. In this case approved 140 will still be valid after my old employer withdrawal?

 

Thankyou !!

 

[shekar11#]

11 hours ago, srihari12 said:

Hello,

I have the below situation, please help me with the best.

I used to work with Employer A(Previous) and had a approved I-140 with them and shifted to new Employer B(Current) 2 months ago.

My I-140 is approved 1 year back(180 days passed).

1. Can i use this I-140 for applying the H4 - EAD for my spouse ? I know till now old employer haven't withdrawn the 140 and they will withdraw in few months.

2. What if my previous employer withdrawn his I-140 after my EAD is approved? 

3. From the Jan 2017, USCIS will not revoke the 140 unless certain fraud situation. In this case approved 140 will still be valid after my old employer withdrawal?

 

Thankyou !!

 

1. Yes, you can use that I-140.

2. Still you can apply.

3. Right.

[saurabh0908]

Hi, I am in a similar situation as yours. I understand that in Form I-765 eligibility criteria is (c) (26) but what receipt no. to provide in field 22 that asks for details. My question here is should I enter approved I-140's(previous employer) receipt number or my latest I-797 for H1b which is from a new employer.