H4-EAD filing


kk331

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Hi,

    My spouse i-140 is approved and my name is not there during the filling of 140.

    Me and my spouse visa is valid(already got stamping one year back)till March-2017. 

 

                    No my spouse applied for h1b amendment(he changed his client and moved to different location), since my h4 is valid till 2017, his employer is not filling along with his amendment.

                     My spouse is close to 6 years, but not yet completed.   So in this case, can i apply for EAD based on my approved petition .

 

              i was worried because principle applicant status has changed and i am not there in the approved i-140, so i may get query during if i file for EAD 

 

        please  advice, can i go ahead apply for my EAD from new address 

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  • 2 months later...

Thanks Jairichi.   

 

         My spouse current situation is changed,  he early used to work for client x in IL  and changed his client to NY.   His employer filed for amendment.

       After two months his project is completed  and moved back to different client in IL(commutable distance to client x in IL).   

          Since he moved back to IL, his employer is not filling any amendment and just filling LCA.

      In this case, can i still go ahead and fill for EAD?

 

 if i am going to file EAD, do i need to submit I140, his I-797 with IL state for client x should be good or do i need any other additional documentation

 

 

Thanks

 

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Thanks Jairichi.

My spouse current situation is changed, he early used to work for client x in IL and changed his client to NY. His employer filed for amendment.

After two months his project is completed and moved back to different client in IL(commutable distance to client x in IL).

Since he moved back to IL, his employer is not filling any amendment and just filling LCA.

In this case, can i still go ahead and fill for EAD?

if i am going to file EAD, do i need to submit I140, his I-797 with IL state for client x should be good or do i need any other additional documentation

Thanks

You cannot use that I797 as it is no more valid. Employer has to file for H1B amendment for your spouse. You can use that receipt & other supporting documents to file for EAD.
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