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  #1 (permalink)  
Old 05-18-2015, 12:43 PM
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Default Changing a job and Filing of H4- EAD

Dear All,

I have a question and if I come across as confused then yes, I am little. I have a job offer from company B and my current company A holds my H1-B (4yrs spent) and I have approved I-140 with company A. I am applying for my wife's EAD for being on H4 because of fulfilling one of the condition as having I-140 approved.

If I moved to company B then the new employer would need to file my labor and I-140 again and wondering if through company A's I-140 my wife received EAD then would that EAD be effective if I change my employer and new employer files my I-140 again? so that EAD that was obtained becomes inactive/suspended and requires to be filed again when I have my I-140 approved again via company B or completed 6yrs on H1-B.

Thanks all for your responses in advance,

Regards,

Ankur
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  #2 (permalink)  
Old 05-18-2015, 02:58 PM
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Good question..my common sense opinion is that your EAD will remain valid once issued until the date it expires (even though at that time you may be working for a new employer).

Do you know if employer A policy is to "cancel/revoke" the I-140 when you resign? Most good/decent employers keep the I-140 untouched which helps.

Again, I am no expert. I suggest you check out varioud lawyer websites for their FAQs.
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  #3 (permalink)  
Old 05-18-2015, 04:11 PM
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Clarification to my previous postů.

So when you change to employer B, you will use the employer A I-140 to extend the H1 for 3 years. At this time, you will also apply for spouse H4 extension along with H4 EAD extension concurrently. At this time since your H1 is being changed to employer B, your spouse will also have to reapply for I539 with I765. Everything (H1/H4/H4 EAD) will require the employer A I-140.
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  #4 (permalink)  
Old 05-18-2015, 07:27 PM
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Quote:
Originally Posted by DMX17 View Post
Clarification to my previous postů.

So when you change to employer B, you will use the employer A I-140 to extend the H1 for 3 years. At this time, you will also apply for spouse H4 extension along with H4 EAD extension concurrently. At this time since your H1 is being changed to employer B, your spouse will also have to reapply for I539 with I765. Everything (H1/H4/H4 EAD) will require the employer A I-140.
I am also confused as to this point . H4 EAD is dependent on approved I-140 , but if you change employer you have to restart the PERM process again beginning with labor certification. Does this means that spouse EAD is invalid until new employer I-140 is approved ?
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Old 05-18-2015, 07:29 PM
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Quote:
Originally Posted by Ankur1983 View Post
Dear All,

I have a question and if I come across as confused then yes, I am little. I have a job offer from company B and my current company A holds my H1-B (4yrs spent) and I have approved I-140 with company A. I am applying for my wife's EAD for being on H4 because of fulfilling one of the condition as having I-140 approved.

If I moved to company B then the new employer would need to file my labor and I-140 again and wondering if through company A's I-140 my wife received EAD then would that EAD be effective if I change my employer and new employer files my I-140 again? so that EAD that was obtained becomes inactive/suspended and requires to be filed again when I have my I-140 approved again via company B or completed 6yrs on H1-B.

Thanks all for your responses in advance,

Regards,

Ankur
Hi Ankur,
If you sort this out or get more info, Please please ( 100X please ) update here since a lot of people have the same question
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  #6 (permalink)  
Old 05-18-2015, 08:02 PM
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My answer#2 still is correct.

An i140 (irrespective of employer A or B) can be used as long as the i140 remains valid (not revoked/cancelled by employer A) to extend h1/h4/h4ead.

Experts please correct.
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  #7 (permalink)  
Old 05-18-2015, 08:07 PM
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Does this means that spouse EAD is invalid until new employer I-140 is approved ?[/quote]

No. It is valid while your other perm/140 is in the process. Keep in mind that at the time of issuing H4 ead you had employer A i140 as the basis. Once employer B i140 is approved, you can use that for further extensions. You can also use employer A i140 if it is valid.
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  #8 (permalink)  
Old 05-21-2015, 01:51 PM
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FAQ covers your question

FAQs: Employment Authorization for Certain H-4 Dependent Spouses | USCIS
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