H-4 EAD eligibility, I-140 withdrawn

ARK522

New Member
1. I want to apply for H-4 EAD using my spouse's Previous employer A approved I-140. But the Emp A has withdrawn the I-140 (which was active for more than 180 days). My spouse switched to a new employer B who recently extended his H-1B (beyond 6th yr) for 3 years. He had used the same I-140 for his H-1 extension.

2. Is it that for applying for H4 EAD, the I-140 should be active irrespective of the employer? Can't I be eligible since my spouse H-1B is still valid for next 3 yrs?

Kindy advice.
 

nelsona

Registered Users (C)
If the I-140 has not been officially revoked (and it cannot be if it was more than 180 days old) , then you can apply for EAD based on the I-140 and his active H1-B status.
 
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