H4-EAD Quick Question

[m_user]

Hi Friends,

 

Quick question,

 

I had applied for my spouse's H4 and EAD in Dec'2015. We haven't received the H4 approval yet.

 

In the meantime, I have changed my job and I have received my new I-797. Now my question is, H4/EAD is applied with old petition and now I have new petition. Will this new petition affect the H4/EAD COS or I need to call USCIS and ask then to update the case?

 

Pls. suggest,

 

Thanks

[rohang]

Is your I140 still active? or your old employer revoked it? 

 

If it has been revoked then your spouse is not eligible for H4 EAD.

[satish.sap970]

H4 EAD not company specific, as long as the primary applicant (H1B) is in valid status it will not be an issue...

 

First try to get the info if you have the case number for H4 petition, try calling the USCIS help desk and check.

 

Note : while your case is pending if you have moved out from your old address you need to update USCIS the new address, you can do that online.. 

[m_user]

My question is,

 

Obviously I-140 has to be valid to apply for H4-EAD(not just H4). But you don't get EAD unless you have H4. To get H4 you need to have valid H1.

 

In my case, H4 applied with old H1 and will that create a problem as old H1 might have been cancelled?

 

Pls. suggest

 

Thanks

 

[satish.sap970]

H4 is based on principle applicant H1.

 

As long as  you are on valid H1 status with new employer, it should not cause any issues...

 

Also you have changed the employer, if the old employer has revoked I-140 then H4 is not eligible for EAD

[Nimesh.modi]

ur 140 has to be valid for h4 ead. As u changed the job, ur 140 is not valid & u have new petition. u will have to initiate 140 again using ur old priority date.

H4 ead might get effected with this change.

[visa423]

m_user, did you get the h4 ead approved with old h1 copy? or was there any rfe ? please update