H4 EAD Validity Question

[anynemous]

Hello Friends,

 

I have question regarding the H4-EAD validity.  

 

Suppose, a person got an EAD  (for 3 years) on H4 visa based on his/her spouse approved I-140 and if spouse change his/her job, then the issued EAD will becomes invalid or it will be valid till the expire date of EAD irrespective of the spouse I-140 status (like, in case spouse changes his/her job, then he/she need to start the GC process again from PERM)?

 

Please let me know on the same.

 

Thanks..

[rahul412]

As long as your I140 is valid, H4 EAD is valid.

[anynemous]

@rahul412 - 

 

What if spouse change the job and his/her old employer have revoked I-140 and his/her new employer have not started the PERM (here the current I-94/797 is still valid for 2+years)?  or even after his/her new employer have stated the PERM process?

 

Thanks..

[rahul412]

I don't think that EAD will be valid once I140 is revoked. Check with an attorney.

[jairichi]

@rahul412 - 

 

What if spouse change the job and his/her old employer have revoked I-140 and his/her new employer have not started the PERM (here the current I-94/797 is still valid for 2+years)?  or even after his/her new employer have stated the PERM process?

 

Thanks..

In my understanding once I-140 is revoked EAD is no more valid. Check with an attorney.

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.

 

6.    What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?

We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12©(26).

[anynemous]

In my understanding once I-140 is revoked EAD is no more valid. Check with an attorney.

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.

 

6.    What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?

We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12©(26).

 

then it means, even I-140 is revoked and H1B status is valid , then EAD is not valid.  Please correct me , if my understanding is incorrect.

[jairichi]

then it means, even I-140 is revoked and H1B status is valid , then EAD is not valid.  Please correct me , if my understanding is incorrect.

That is correct.

[anynemous]

That is correct.

In that case, it's not same as,

 

6.    What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?

We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12©(26).

 

Pls confirm.