dipeshbh Posted August 3, 2015 Report Posted August 3, 2015 I searched for this answer quite a bit, but haven't found a satisfactory conclusion. My wife has an approved H4-EAD, based on my approved I-140. My question - What happens to the H4-EAD, if I change my job and my employer withdraws the 140 petition ? USCIS mentions in their FAQ that they have the "discretion" to revoke EAD, if 140 is "revoked". However, no one seems to know what discretion means. Further, many folks have commented that the USCIS only discusses "revoked" I-140 in this FAQ, which is different than withdrawn petition. Any thoughts would be appreciated.
JoeF Posted August 3, 2015 Report Posted August 3, 2015 Having the discretion means that they may revoke the EAD. They don't have to but they may. That's what discretion means.
jairichi Posted August 3, 2015 Report Posted August 3, 2015 Revoke is more a technical term than withdraw. Does not make any difference.
rahul412 Posted August 3, 2015 Report Posted August 3, 2015 I searched for this answer quite a bit, but haven't found a satisfactory conclusion. My wife has an approved H4-EAD, based on my approved I-140. My question - What happens to the H4-EAD, if I change my job and my employer withdraws the 140 petition ? USCIS mentions in their FAQ that they have the "discretion" to revoke EAD, if 140 is "revoked". However, no one seems to know what discretion means. Further, many folks have commented that the USCIS only discusses "revoked" I-140 in this FAQ, which is different than withdrawn petition. Any thoughts would be appreciated. There is no big difference between withdrawn or revoke in this scenario. If you don't have a active I140 then that EAD is invalid. You got H4 EAD based on active I140, if that 140 is no longer valid then obviously EAD is also no longer valid.
dipeshbh Posted August 3, 2015 Author Report Posted August 3, 2015 Having the discretion means that they may revoke the EAD. They don't have to but they may. That's what discretion means. Thanks. I know what discretion means, but why did they not state straight away that EAD will become invalid instead of being a little bit cryptic about it. This statement suggests that there are times when they will not revoke EAD
dipeshbh Posted August 3, 2015 Author Report Posted August 3, 2015 There is no big difference between withdrawn or revoke in this scenario. If you don't have a active I140 then that EAD is invalid. You got H4 EAD based on active I140, if that 140 is no longer valid then obviously EAD is also no longer valid. Thanks. That's pretty disappointing to hear. The ruling essentially creates more barriers to job portability
rahul412 Posted August 3, 2015 Report Posted August 3, 2015 Thanks. That's pretty disappointing to hear. The ruling essentially creates more barriers to job portability That's how US Govt works. When they fix one issue they need up creating multiple issues. What's the use of H4 EAD when primary beneficiary (H1) doesn't have option of job portability?
JoeF Posted August 3, 2015 Report Posted August 3, 2015 Thanks. I know what discretion means, but why did they not state straight away that EAD will become invalid instead of being a little bit cryptic about it. This statement suggests that there are times when they will not revoke EAD It is legalese... If they wouldn't use such terms, somebody could get the idea of filing a lawsuit...
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