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My I140 is approved.Do i need to stay with current employer to file my wife(H4) EAD or i can even apply after changing employer
Anonymous4 views3 answers
I am on h1 visa since Oct 2009 and its going to expire in February 2016. My I-140 is approved already from current employer and i am looking for changing an employer right now. So, can I apply for my wife(H4 Visa) EAD based on new rules even if i move to new employer or i need to be with my current employer in order to file her EAD?
The federal regulations state that the EAD can be requested by the H-4 status holder on or after May 26, 2015 if the FORM I-140 has been approved on behalf of the spouse with the H-1B status. The regulations do not provide any further conditions as to the FORM I-140 approval.
When changing employer you should always consider that the previous employer may withdraw their I-140 since you are no longer with them. If the I-140 is withdrawn, H-4 spouse is not eligible for EAD.
