I-140 Approved by previous employer. Is H4 dependent still eligible for EAD as per new proposed rule?

[asana]

As per newly proposed rule by DHS If primary applicants I-140 is approved his/her dependent (H4) qualify for EAD. But what if I-140 has been approved by previous employer and new employer is in process of filing Labour? Is dependent still eligible for EAD? Thank you

[jairichi]

As per newly proposed rule by DHS If primary applicants I-140 is approved his/her dependent (H4) qualify for EAD. But what if I-140 has been approved by previous employer and new employer is in process of filing Labour? Is dependent still eligible for EAD? Thank you

I assume yes. Wait for it to become a law.

[rahul412]

As per newly proposed rule by DHS If primary applicants I-140 is approved his/her dependent (H4) qualify for EAD. But what if I-140 has been approved by previous employer and new employer is in process of filing Labour? Is dependent still eligible for EAD? Thank you

All you need is approved I140 and working on H1 beyond 6 yrs

[arizonian]

As per the DHS press release:

http://www.dhs.gov/news/2014/05/06/dhs-announces-proposals-attract-and-retain-highly-skilled-immigrants

 

Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:

 

• Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker

         OR

• Have been granted an extension of their authorized period of stay in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) as amended by the 21st Century Department of Justice Appropriations Authorization Act. AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.

 

My Situation & Question: I am in the 7th year of my H1-B extension & had I-140 approval with previous employer. The previous employer may have revoked my I-140 already. The current employer would initiate the GC process in next 3 months. Based on the second bullet above, would my spouse (H4) be eligible for EAD once my new employer files the PERM application?

[rahul412]

 

My Situation & Question: I am in the 7th year of my H1-B extension & had I-140 approval with previous employer. The previous employer may have revoked my I-140 already. The current employer would initiate the GC process in next 3 months. Based on the second bullet above, would my spouse (H4) be eligible for EAD once my new employer files the PERM application?

That's just a proposal. Not yet approved by the govt.