Folks
I have my i 140 approved on October 2016 and I changed employer on October 2017. H1 transfer successful, valid for 3 more years. My old employer sent withdrawal notification to USCIS (As the status says "Correspondance received and USCIS reviewing it").
I had applied EAD for my spouse (H4 EAD) earlier. It s expiring in few months. Is it possible for us to apply for H4 EAD renewal considering my old employer sent i140 for withdrawl?
(forget about the pending h4 ead law suits )
|
to ganoush:
I doubt you can. Because H4 EAD is based on your approved I-140 and if your old employer is revoking it, USCIS will not have any basis to renew/approve your wife's H4EAD. But have you not applied for I-140 with your new employer?
|
to ganoush:
as per the regulations passed in jan 2017, employers can withdraw your I140 after 180 days of approval, but USCIS wont revoke it unless there is fraud or misrepresentation.
|
to ganoush:
You can apply EAD for you spouse with your approved I-140 and your current H1B. Your previous employer can withdraw it but not revoke it since you moved forward after 180 days of your I-140 approval.
|
to wking:
Yes I am hoping for the same
|
to ganoush:
I am also in same situation, I contacted Murthy attorney and filed h4EAD extension with them using withdrawn I140. RD: Nov 6,2017. waiting for result. Murthy law firm told that there are chances to get approved, but not given 100% sure.
|
to septperm17:
H4EAD approved with previous employer withdrawn I140
|
i have come accords this situation . approved h4 ead cannot be revoked due to 140 revocation from prior employer.
but in order to get extensions, you need to valid i 140 from current or prior employer. When my switched my my wife h4 ead was valid even after when my prior employer revoked my 140.
|
to septperm17:
can you give the timeline please?
When was ur i140 approved?
When was ur i140 withdrawn (perhaps as per USCIS site)?
when did you applied for H4EAD/extension?
When did H4EAD got approved?
|
to ganoush:
When was ur i140 approved? Dec 8, 2015
When was ur i140 withdrawn (perhaps as per USCIS site)? Nov 23, 2016
when did you applied for H4EAD/extension? Nov 6, 2017
When did H4EAD got approved? Feb 5, 2018
|
Log In
USA Employment
Canada Immigration Trackers
UK Immigration Trackers
Australia Immigration Trackers
