H4 EAD Approved, Can H1 spouse change employer?

[H1Slaves]

If the Spouse changes employer and I-140 is not revoked by the old employer, Is the H4 EAD still valid?

 

In my case, wife's H4 EAD is approved until Oct 2017.

 

If I apply a new H1B, obviously H4 has to be applied as well. So not sure how the H4 EAD validity works here.

[jairichi]

Yes, EAD is valid as long as she maintains valid H4 status and your I-140 is not revoked.

Change of employer does not necessarily mean that a H4 has to be applied again. If I94 is valid then H4 is valid and so no need to file a new H4. H4 status is not tied to an employer but to you as primary H1B holder.

[rahul412]

Yes, as long as your 140 is valid her EAD is valid.

[H1Slaves]

Yes, EAD is valid as long as she maintains valid H4 status and your I-140 is not revoked.

Change of employer does not necessarily mean that a H4 has to be applied again. If I94 is valid then H4 is valid and so no need to file a new H4. H4 status is not tied to an employer but to you as primary H1B holder.

Thanks Jairichi, you are the best.

 

USCIS H4 EAD FAQ page says, even if I140 is revoked, you may be qualified with 6 plus year h1b extension under AC21. So I am not sure if we have to re validate the H4EAD based on AC21,  if I140 is revoked. This is not clear anywhere.

 

Do you have any idea about this? 

 

I am planning to change employer and I140 may be revoked so checking what are the possibilities?

[jairichi]

Thanks Jairichi, you are the best.

 

USCIS H4 EAD FAQ page says, even if I140 is revoked, you may be qualified with 6 plus year h1b extension under AC21. So I am not sure if we have to re validate the H4EAD based on AC21,  if I140 is revoked. This is not clear anywhere.

 

Do you have any idea about this? 

 

I am planning to change employer and I140 may be revoked so checking what are the possibilities?

It is just not AC21 but sections 106(a) or (b) of AC21. In my understanding that is extension of H1B beyond 6 years based on PERM or I-140 waiting for a decision for more than a year. I might be wrong. Check with an attorney.