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Job change and EAD filing

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  • Job change and EAD filing

    Background:
    + I am employed at a well-known technology firm through H-1B visa (6 years for my H1-B expire on Dec 2015)
    + I have filed for Green Card under EB-2 and have an approved I-140 with priority date of March 2014
    + I have applied for H-1B Extension beyond 6 years on 30 June 2015 (Based on approved I-140)
    + I have not received an approval notice for my H-1B extension yet

    Primary Objective:
    + We are interested in filing EAD for my spouse who is on H-4 visa (using my approved I-140)
    + Another important goal is to move to a new job in the next 2 months

    Questions:
    1. Assuming my H-1B gets extended soon and if I switch jobs, can I use my approved I-140 from previous firm to file for my spouse’s EAD?
    2. Assuming the above scenario, what are the chances of the previous firm revoking my approved I-140?
    3. Will it be better to file for premium processing for my H-1B extension (beyond 6 years) and file for my spouse’s EAD before I leave my current job?

  • #2
    1. Assuming my H-1B gets extended soon and if I switch jobs, can I use my approved I-140 from previous firm to file for my spouse’s EAD?
    >>> Yes, you can do that as long as the I-140 is not revoked by your previous employer.

    2. Assuming the above scenario, what are the chances of the previous firm revoking my approved I-140?
    >>> How is that you are expecting a forum member to answer that? It depends on the employer. They can revoke it of needed.

    3. Will it be better to file for premium processing for my H-1B extension (beyond 6 years) and file for my spouse’s EAD before I leave my current job?
    >>> Yes. You can do that. There is no premium for H4 EAD.
    Not a legal advice. Use of this information is strictly at your own risk.

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