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h4 EAD with withdrawn I140 after 180 days

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  • h4 EAD with withdrawn I140 after 180 days

    I am Babu

    I have a query related to my wife's H4 EAD and my H1b extension beyond 6 years. Here is my background

    My first H1B spell was with Company A from Sep 2014 till Sep 2017 and i had got my I140 Approved with this employer. My priority date is September 2016
    I joined new company B in September 2017 and have got Visa till July 2020
    I applied H4EAD for my wife in January 2018 and got an RFE which states that i have provided I140 which is Revoked on Feb 07th(you have submitted a revoked form I-140.submit evidence that your spouse is the principal beneficiary of an approved Immigrant petition for Alien worker) .

    I asked my previous employer and he said that he has withdrawn I-140 in Feb 2018 . He said i can retain my priority date for the next I140

    My query is below
    1) I have seen in blogs that after 180 days completion of getting I140, employer can't revoke I140 and priority date can be retained but here in my case my wife's EAD got denied.
    2) the above puts me into the question whether i can get my H1b Extensions after 6 year visa period (even after having I140 approved and worked for more than an year with him) ?

  • #2
    Your priority date is retained. However, people usually file for a fresh I140 with the new employer and port their previous PD. I think the problem in your case might be that the I140 you are using for your spouse's EAD extension does not exist anymore.
    Just an opinion; Not legal advice.