Use old employer approved i140 for H4EAD renewal?


(Anonymous) #1

Anil,

My I-140 approved few years back, priority date July 2012, my wife is on H4 EAD expiring in Nov 2019 along with my current H1.

If I switch to new employer, given that they will transfer H1 and file for new perm, can I apply for her H4 EAD extension after Nov 2019 (if the program still exists) using my old approved I-140 because new perm process with new employer can take a year at least!


(Anil Gupta) #2

You can apply for H4-EAD with old Employer’s approved i140 for as long as you want.

Just make sure that this i140 has not been withdrawn.


(Test) #3

Hi Anil

Say my old employer revoked my 140 after 10 months of 140 approval, could I not apply for H4 EAD for spouse based on revoked 140 anymore?


(Anil Gupta) #4

Hi @Testusernet123
Did USCIS approve the i140 revocation?

The condition set by USCIS is that you should have worked with i140 Employer for at-least 180 days after i140 approval to get immunity from employer revocation.


(Test) #5

So 140 cannot be revoked by employer after 180 days rule, right? Thanks


(Anil Gupta) #6

Yes, if you worked for employer for at-least 180 days, then USCIS does not revoke it on employer request.
This new rule came up and started implementation in Jan 2017.