Right after my husband’s I-140 was approved, I applied for an H-4 extension and an H-4 EAD. Those applications were submitted with my husband’s H1B extension, which was filed using premium. The USCIS approved the H1B along with my H-4 and EAD within 2 weeks. About 2 months later, though, my husband’s employer told him he would be laid off in January. He has a new job lined up, so he will remain in H1B status, but will this create problems with my H-4 EAD? Does it matter if the old employer withdraws my husband’s I-140?
22 Dec 2022Answer
If one’s spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how much time passes between the I-140 approval date and date it is withdrawn, this could impact the dependent spouse in the future.
If the I-140 is withdrawn less than 180 days after it was approved, that I-140 can no longer be used as a basis to qualify for an H-4 EAD. So, if that happens, you would not be able to use that I-140 to renew the existing H-4 EAD. Technically speaking, in that situation, the USCIS has the authority to revoke the existing EAD. In practice, however, the USCIS typically does not seem to revoke H-4 EADs solely based on withdrawal of the I-140. (22.Dec.2022)
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