Questions on my H4-EAD

[ASMAVK]

Respected Sir/Madam,

I am on H4-EAD (valid for 20 more months until Oct/2022) and employed in the same company (Say A) as my spouse, whose I-140 was approved in 2015. My spouse is making a switch to company B. Can you pl. help answering these questions...


1. Will my H4 EAD be valid until Oct/2022 regardless of which company my spouse works OR the EAD has to be re-filed alongside my H1 spouse's H1B transfer with Company B?


2. What happens to my EAD if Company A revokes my spouse's I-140?


3. Supposing my I-797 is valid until June/2024 through Company B 's transfer (guessing 3 years extension in general for H1 & H4 during transfers) , but my H1 spouse is NOT on PERM or I-140 approved status with Company B as of Oct/2022, can I renew my EAD around Oct/2022 based on my valid I-797 and get approved until June/2024?


4. If Company B fails to get my H1 spouse's PERM or I-140 approved by June/2024(i.e. even after 3 years of joining Company B), can Company B still apply for H1 extension for my spouse? In short, will I-140 ever expire, provided Company A never revokes it?

5. What is the avg. time in months for the PERM approval? Guess, I-140 can be on premium.

6. How early can I apply for the EAD extension from the expiry date and what is the average processing time?


Thanking you in anticipation
ASM

[rkk09]

Hi,
Please see my Answers below..
1. Will my H4 EAD be valid until Oct/2022 regardless of which company my spouse works OR the EAD has to be re-filed alongside my H1 spouse's H1B transfer with Company B?
Answer: As long as H4 is valid, H4 EAD also will be valid.. If your spouse is transferring his H1B, it wont impact your H4 EAD.

2. What happens to my EAD if Company A revokes my spouse's I-140?
Answer: If your Spouse I-140 approval is crossed more than 180days then you need not to worry about that.

3. Supposing my I-797 is valid until June/2024 through Company B 's transfer (guessing 3 years extension in general for H1 & H4 during transfers) , but my H1 spouse is NOT on PERM or I-140 approved status with Company B as of Oct/2022, can I renew my EAD around Oct/2022 based on my valid I-797 and get approved until June/2024?
Answer: if your I-140 approval is valid and you have H4 Approval till June 2024 then you can do H4 EAD Extension.

4. If Company B fails to get my H1 spouse's PERM or I-140 approved by June/2024(i.e. even after 3 years of joining Company B), can Company B still apply for H1 extension for my spouse? In short, will I-140 ever expire, provided Company A never revokes it?
Answer: With the help of your spouse previous Employer I-140 Approval, he can renew his H1B beyond 6th year. And you can also do H4 and H4 EAD Ext.

5. What is the avg. time in months for the PERM approval? Guess, I-140 can be on premium.
Answer: Now a days PERM is taking more than 6 months.. Once get PERM approval then you can file I-140 under Premium processing.

6. How early can I apply for the EAD extension from the expiry date and what is the average processing time?
Answer: You will need to start processing H4 EAD ext before 120 days of your current H4 EAD expiry. And due to current situation, H4 EAD processing time is taking more days to get adjudication.
Thanks