new H4 EAD rules

[nsreddy]

Hi,
Thanks for every one who is trying to answer my question.

Here I am trying to understand the H4 EAD new rule,

I got my labor approval and got 3 years H1B extension from my previous company last year. After that I joined with the new company who will be starting my green card process in next 6 months. My question are
1.will my wife can get the H4 EAD ? Since I moved out from my previous company will my wife not eligible?
2. I am sure that my previous company did not cancel my I140 in case If they cancelled will the affect H4 EAD?

Thanks in advance,
Reddy

[irfauziaan]

Hi,

I am in the exact same situation. Any advice would be helpful.

Thanks!

[ExperienceIA]

If the I-140 is approved (or has been pending for over a year) and is not cancelled, then she can get H-4. If it is cancelled and your new employer's I-140 has not been approved (or has been pending for less than a year), then she can't get H-4.