I-140 with old employer (still active), can we apply for H4-EAD

[poojasan]

Hello,

 

My husband changed his employer right before this rule.

 

He has a valid I-140 with old employer also, got h1 extended and transfered with new employer but still not applied I-140 with new employer.

 

In such case can we apply for H4-EAD for myself.

 

 

 

Thanks

Pooja

 

[jairichi]

Yes. An approved I-140 is required and it does not matter whether it is from previous or current employer.

[rahul412]

If that I140 is still valid then yes.