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Can my wife keep her H4 EAD if my new employer does not file my GC?

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  • Can my wife keep her H4 EAD if my new employer does not file my GC?

    Hi Forum,
    I really need your help with this topic.
    I am currently with employer A who filed for my GC and my I140 is approved on that basis. My wife currently has a H4 EAD.
    I am planning to move onto employer B that does not file for GC. Will my wife be able to keep working on H4 EAD? and for how long? My current H1 and her H4 EAD expires in July 2018.

    I appreciate your help with this question.

  • #2
    Originally posted by ram-e View Post
    Hi Forum,
    I really need your help with this topic.
    I am currently with employer A who filed for my GC and my I140 is approved on that basis. My wife currently has a H4 EAD.
    I am planning to move onto employer B that does not file for GC. Will my wife be able to keep working on H4 EAD? and for how long? My current H1 and her H4 EAD expires in July 2018.

    I appreciate your help with this question.
    The H4 EAD is tied to your H1. If your H1 ceases to exist so does the H4 and hence the H4 EAD.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      The H4 EAD is tied to your H1. If your H1 ceases to exist so does the H4 and hence the H4 EAD.
      Thanks for quick reply @scientist2016. So does this mean that as long as I have my H1b active, even with the new employer that does not sponsor my GC, my wife should be able to keep her H4 EAD? What happens if my current employer revokes my I140?

      Comment


      • #4
        Originally posted by ram-e View Post
        Thanks for quick reply @scientist2016. So does this mean that as long as I have my H1b active, even with the new employer that does not sponsor my GC, my wife should be able to keep her H4 EAD? What happens if my current employer revokes my I140?
        Yes, as long as your H1 is valid and active, the H4 remains active too. Regarding revocation: read upon the recent bill (passed earlier this year): If the I140 has been accepted for longer than 180 days, it cannot be revoked. Now, when your current H1 expires, that is when things start becoming complicated, since, in order to have the H4, H1 needs to be renewed.
        Just an opinion; Not legal advice.

        Comment

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