kuldip123 Posted May 6, 2015 Report Posted May 6, 2015 Hi, I'm currently working with Company A & want to change my employer. My I-140 was approved in July 2014 (with PD is May 2013) I have to apply for a H1B extension (current end date 9/30/2015) Questions 1. Can I change my employer now (before 05/26/2015) & still apply for H4 EAD for my wife? 2. Or should I wait & apply H4 EAD & then change my H1B employer? In this case do I have to wait for some specific time period? 2.1. Will it be an issue if I change employer before we get approval on EAD application? What is the correct approach? Appreciate your help. Thank you.
jairichi Posted May 6, 2015 Report Posted May 6, 2015 1. Yes. But, you risk current employer revoking approved I140. In that case neither your spouse can get EAD nor can you get a H1B extension.
rahul412 Posted May 6, 2015 Report Posted May 6, 2015 At the time of H4 EAD filing, you should have valid I140.
nvedia Posted May 7, 2015 Report Posted May 7, 2015 You just have to wait till May 26 when you can apply for H4 EAD Then you can switch (assuming there is no audit in H4 EAD application)
jairichi Posted May 7, 2015 Report Posted May 7, 2015 You just have to wait till May 26 when you can apply for H4 EAD Then you can switch (assuming there is no audit in H4 EAD application) Still it is a risk at it is expected to take at least 2 to 3 months to get EAD approval. In case employer revokes approved I-140 then EAD will be denied.
kuldip123 Posted May 7, 2015 Author Report Posted May 7, 2015 Thank you for all your inputs & suggestions. I really appreciate all your help. What if the current employer continues my approved I-140. I assume in this case we are good to change the employer while going for H1B renewal/extension. correct? & it won't affect H4 EAD application as well. right?
jairichi Posted May 7, 2015 Report Posted May 7, 2015 Thank you for all your inputs & suggestions. I really appreciate all your help. What if the current employer continues my approved I-140. I assume in this case we are good to change the employer while going for H1B renewal/extension. correct? & it won't affect H4 EAD application as well. right? Your understanding is correct.
kuldip123 Posted May 15, 2015 Author Report Posted May 15, 2015 Thank you for inputs & help. One more que.... what if my i-140 is approved for more than 180 days. now if I switch to another employer. (without having any idea my employer will revoke my i-140 or not) Do my wife still get H4 EAD? If yes then she will get a EAD fro 1 year or till H1B validity date?
jairichi Posted May 15, 2015 Report Posted May 15, 2015 Thank you for inputs & help. One more que.... what if my i-140 is approved for more than 180 days. now if I switch to another employer. (without having any idea my employer will revoke my i-140 or not) Do my wife still get H4 EAD? If yes then she will get a EAD fro 1 year or till H1B validity date? It is a call an employer has to take whether they want to revoke it or not. Your wife will get an EAD (if your I-140 is valid at the time of adjudication by USCIS) and its validity will be based on valid I94.
kuldip123 Posted May 15, 2015 Author Report Posted May 15, 2015 So I assume if he has not rewoked the I-140 & if my wife gets the EAD. But if employer rewoke it after receiving EAd card is there be an issue that EAD might get cancelled?
jairichi Posted May 16, 2015 Report Posted May 16, 2015 So I assume if he has not rewoked the I-140 & if my wife gets the EAD. But if employer rewoke it after receiving EAd card is there be an issue that EAD might get cancelled? Once approved there is no issue as EAD will be based on your and your spouse's valid I94.
kuldip123 Posted May 21, 2015 Author Report Posted May 21, 2015 How can someone find what is the validity of I- 94? Is it different than yr H1B end date? I have a H1B end date 9/30/2015 but when I print my I-94 its has 5/31/2015 expire date (on top right corner) Could you please advise. Thank you
jairichi Posted May 21, 2015 Report Posted May 21, 2015 How can someone find what is the validity of I- 94? Is it different than yr H1B end date? I have a H1B end date 9/30/2015 but when I print my I-94 its has 5/31/2015 expire date (on top right corner) Could you please advise. Thank you 5/31/2015 is your I94 expiry date (the date till which you are legally allowed to stay in US).
rahul412 Posted May 21, 2015 Report Posted May 21, 2015 How can someone find what is the validity of I- 94? Is it different than yr H1B end date? I have a H1B end date 9/30/2015 but when I print my I-94 its has 5/31/2015 expire date (on top right corner) Could you please advise. Thank you You can get your latest I94 online.
jairichi Posted May 28, 2015 Report Posted May 28, 2015 Once approved there is no issue as EAD will be based on your and your spouse's valid I94. So I assume if he has not rewoked the I-140 & if my wife gets the EAD. But if employer rewoke it after receiving EAd card is there be an issue that EAD might get cancelled? Sorry for my incorrect response. If employer revokes I-140 then EAD is automatically void.
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