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Can H1B and H4 EAD extensions be possible if I140 is revoked after 180 days

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  • Can H1B and H4 EAD extensions be possible if I140 is revoked after 180 days

    Hi. I have an approved I140 from employer A and after more than 180 days I moved to employer B. It?s been a year I M working for employer B. Employer B have not yet started my green card process. My spouse is currently working on H4 EAD with approved I140 from employer A. After more than year and half my previous employer A is about to revoke the I140.
    My question is,
    1) If employer A revoked my I140 will I get my H1B extended still being my employer B didn?t start my GC process.
    2) will my spouse can renew her H4 EAD as it it expiring later this year.

    Please reply to my above questions

  • #2
    You mentioned that you moved to employer B after 180 days. I am sure you can port your Priority Date but doubt if employer can revoke I-140 after 180 days.

    1. H1B renewal is done based on approve I-140 (under AC21). If I-140 is revoked or not with current employer, Employer may not request for your extension.
    2. H4EAD is issues to your spouse based on your H1B. so H1B and H4EAD approval goes together.



    Originally posted by h1bandh4 View Post
    Hi. I have an approved I140 from employer A and after more than 180 days I moved to employer B. It?s been a year I M working for employer B. Employer B have not yet started my green card process. My spouse is currently working on H4 EAD with approved I140 from employer A. After more than year and half my previous employer A is about to revoke the I140.
    My question is,
    1) If employer A revoked my I140 will I get my H1B extended still being my employer B didn?t start my GC process.
    2) will my spouse can renew her H4 EAD as it it expiring later this year.

    Please reply to my above questions

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