140 Withdrawn after H1 Approval, H4 EAD.

[shriss]

Hi All,

 

Here is my case.

 

First H1 petition was back in 2009

I140 approved back in 2011 with Employer A.

changed to emplyer B, got H1 approved for 3 years based on Employer A's I140 approval.

Employer A withdraw my I140. (uscis site says revocation notice sent, checked with employer A and he said he withdraw the application.)

 

 

My Questions:

1. Can I apply H4 EAD for my wife?

2. I checked with employer B's attorney and they say that I am not eligible and my H1 was approved via section 104 and not 106(a) or (b) and hence I am not elogible.

 

[jairichi]

Without an valid, approved I-140 at the time of EAD filing it is not possible. Schedule an appointment with an attorney from Murthy law firm.

[jairichi]

Do you have a PERM or I-140 pending for decision for more than a year? If yes then your spouse is eligible. If not the answer is no.

[Attorney_20]

According to USCIS, an H-4 applicant is eligible for an EAD if the H1B spouse "has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit."  It does not sound like you have been granted H1B status beyond the 6 year limit since you are still within your first 6 years of H1B time.  Since the I-140 has been withdrawn, you will need to obtain another I-140 approval for your spouse to get an EAD in H-4 status.

[shriss]

But the recent H1 extension what I got it valid until 2018 which is beyond my 6th year period.

[vchamarthi5]

My I140 is approved by my employer say A and my H1B is extended based on my I140. But the extension is given for 21 months only which will expire in OCt'15.

 

My question

 

1.If I change my employer to  new employer say 'B'  by transfer of H1b then when 'B' files my transfer petition do I get 3 years of extension?. How much does the transfer process takes normally?

2. To port my I140 I understand employer 'B' has to file my Labor petition and process my I140 as well? Please confirm

[vchamarthi5]

My I140 is approved by my employer say A and my H1B is extended based on my I140. But the extension is given for 21 months only which will expire in OCt'15.

 

My question

 

1.If I change my employer to  new employer say 'B'  by transfer of H1b then when 'B' files my transfer petition do I get 3 years of extension?. How much does the transfer process takes normally?

2. To port my I140 I understand employer 'B' has to file my Labor petition and process my I140 as well? Please confirm

[H1Slaves]

According to USCIS, an H-4 applicant is eligible for an EAD if the H1B spouse "has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit."  It does not sound like you have been granted H1B status beyond the 6 year limit since you are still within your first 6 years of H1B time.  Since the I-140 has been withdrawn, you will need to obtain another I-140 approval for your spouse to get an EAD in H-4 status.

Attorney_20, 

 

Please help. My 6 year H1B will end on OCt 2015 but the last H1b was granted beyond 6 yrs until Oct 2017. I have Approved PERM and I140 and my wife has H4 EAD.

 

If change employers and my old employerr revokes I140, do I automatically qualify for H4 EAD until the AC21 criterion?