H4 EAD issues after i140 revoked

[pittsburghsteelers]

What happens to h4 ead validity after the current employer revokes I140, if h1b holder changes employers?
I have heard and read a lot of mixed opinions but was any one is the same situation and has a definite answer?
Please help.

[raghvi]

What happens to h4 ead validity after the current employer revokes I140, if h1b holder changes employers?
I have heard and read a lot of mixed opinions but was any one is the same situation and has a definite answer?
Please help.

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

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.

[pittsburghsteelers]

Thanks for your response raghvi. In my case I already have my wife H4 EAD which is approved based on my I140. You mentioned I would not qualify, I agree but I am still not sure if she can still work using her current EAD which is valid until 2019.

Do you know what happens to H4 EAD which is already approved if I switch jobs, assuming my current employer would revoke my I140?

Thanks again.

https://www.uscis.gov/working-united...endent-spouses

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.

[raghvi]

Thanks for your response raghvi. In my case I already have my wife H4 EAD which is approved based on my I140. You mentioned I would not qualify, I agree but I am still not sure if she can still work using her current EAD which is valid until 2019.

Do you know what happens to H4 EAD which is already approved if I switch jobs, assuming my current employer would revoke my I140?

Thanks again.

Seems you didn't read that link and other FAQs available under it.

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(c)(26).

If you have completed your 6 Years H1 and have transferred to next employer and then, the current employer revokes the I140, then your spouse may still be eligible to work under her EAD.

This is my opinion not legal advice.

[pittsburghsteelers]

I read the bullets from USCIS and also read 8 CFR 274a.12(c)(26) and CFR 214.2(h)(9)(iv), they do not clearly state about the situation with people who are under 6 years and revoked I140. I am under 6 years with a I140 approval. Even if you see here they say "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(c)(26)".

Does that mean, if I maintain status of H1B and H4 for my wife. EAD should be valid?

Your insight helps.

Seems you didn't read that link and other FAQs available under it.

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(c)(26).

If you have completed your 6 Years H1 and have transferred to next employer and then, the current employer revokes the I140, then your spouse may still be eligible to work under her EAD.

This is my opinion not legal advice.

[raghvi]

I read the bullets from USCIS and also read 8 CFR 274a.12(c)(26) and CFR 214.2(h)(9)(iv), they do not clearly state about the situation with people who are under 6 years and revoked I140. I am under 6 years with a I140 approval. Even if you see here they say "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(c)(26)".

Does that mean, if I maintain status of H1B and H4 for my wife. EAD should be valid?

Your insight helps.

It does say: "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"

sections 106(a) and (b) of AC21 allow an H1B nonimmigrant to extend status beyond the six-year standard limit in one-year increments. Which does not apply to you as you have not yet completed 6 Years.


This is my opinion not legal advice.