9th yr in U.S. Can I file H4 EAD on a revoked I 140 with previous employer

[kris_cn75]

I am in the 9th yr in US.

My previous employer A revoked my I 140 when I joined my new employer B in my 7th year. I have with emp A : 1st 6+ Yr Extn on PERM and 2nd 6+ Yr Extn on I 140

With my new employer B H1B transfer was done when my I 140 (Employer A) was active.

My new employer B has filed my GC but it is awaiting PERM approval.

I want to file for H4 EAD for my wife.

Can you tell me if I can file for H4 EAD without any issues?

I am told that the H4 EAD petition will have an RFE and might not be approved, as I don't have an approved I 140.

Will H4 EAD filing have any -ve impact on my H1B, as my I 140 with Emp A is revoked now ?

Please advise.

[jairichi]

A revoked I140 cannot help you file a H4 EAD.

[kris_cn75]

The USCIS needs a proof of 6+ years of stay in the US.

So in that case the proof can be 

1) 6+ yr H1B extention on PERM  ( I 140 revoked by previous employer A).

2) 6+ yr H1B exten on I 140  ( I 140 revoked by previous employer A).

3) H1B transfer to Employer B, in 7th year (I 140 of previous employer A was active at the time of transfer)

 

Shouldn't these be sufficient.

I am not understanding what is the intent of this law.

Isn't it supposed to give H4 EAD to people in the US for 6+ years.

 

 

Please advise.

[jairichi]

The USCIS needs a proof of 6+ years of stay in the US.

So in that case the proof can be 

1) 6+ yr H1B extention on PERM  ( I 140 revoked by previous employer A).

2) 6+ yr H1B exten on I 140  ( I 140 revoked by previous employer A).

3) H1B transfer to Employer B, in 7th year (I 140 of previous employer A was active at the time of transfer)

 

Shouldn't these be sufficient.

I am not understanding what is the intent of this law.

Isn't it supposed to give H4 EAD to people in the US for 6+ years.

 

 

Please advise.

http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

4.    Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition? 

 

In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.

 

http://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

[livliv]

If you receive H1B extensin based on PERM pending for 1 year, then your spouse can apply for H4 EAD.