Attorney response for I140 withdrawn H4 EAD Validity

[PhillyDotNetGuy]

I asked my new company's attorney this question:

Q) My current employer may withdraw I-140 after I leave. Does her current H4 EAD becomes invalid immediately? (Or) will it be still valid until the expiry date shown on EAD card.    
A)While technically possible, our office has not heard of any instances where the USCIS revoked the H4 EAD. That having been said, the USCIS will not be able to renew the H4 EAD in 2018 if you do not have an approved I-140 at that time.

Based on this we can assume once ead is issued it will be valid until expiry date even if I-140 will be withdrawn.

Lot of people have this doubt. Hope this helps.

[Naaperushiva]

2 minutes ago, PhillyDotNetGuy said:

I asked my new company's attorney this question:

Q) My current employer may withdraw I-140 after I leave. Does her current H4 EAD becomes invalid immediately? (Or) will it be still valid until the expiry date shown on EAD card.    
A)While technically possible, our office has not heard of any instances where the USCIS revoked the H4 EAD. That having been said, the USCIS will not be able to renew the H4 EAD in 2018 if you do not have an approved I-140 at that time.

Based on this we can assume once ead is issued it will be valid until expiry date even if I-140 will be withdrawn.

Lot of people have this doubt. Hope this helps.

GP baa

[Butterthief]

3 minutes ago, PhillyDotNetGuy said:

I asked my new company's attorney this question:

Q) My current employer may withdraw I-140 after I leave. Does her current H4 EAD becomes invalid immediately? (Or) will it be still valid until the expiry date shown on EAD card.    
A)While technically possible, our office has not heard of any instances where the USCIS revoked the H4 EAD. That having been said, the USCIS will not be able to renew the H4 EAD in 2018 if you do not have an approved I-140 at that time.

Based on this we can assume once ead is issued it will be valid until expiry date even if I-140 will be withdrawn.

Lot of people have this doubt. Hope this helps.

mottaniki cheppina pani chesavu....

 

Good 

[MRI]

cool

[Guest Puk_Naktha_RandhiCho]

8 minutes ago, PhillyDotNetGuy said:

I asked my new company's attorney this question:

Q) My current employer may withdraw I-140 after I leave. Does her current H4 EAD becomes invalid immediately? (Or) will it be still valid until the expiry date shown on EAD card.    
A)While technically possible, our office has not heard of any instances where the USCIS revoked the H4 EAD. That having been said, the USCIS will not be able to renew the H4 EAD in 2018 if you do not have an approved I-140 at that time.

Based on this we can assume once ead is issued it will be valid until expiry date even if I-140 will be withdrawn.

Lot of people have this doubt. Hope this helps.

This is not true uncle, you can work but if caught by USCIS it will be big issue. Good Luck with that!

[mettastar]

12 minutes ago, PhillyDotNetGuy said:

I asked my new company's attorney this question:

Q) My current employer may withdraw I-140 after I leave. Does her current H4 EAD becomes invalid immediately? (Or) will it be still valid until the expiry date shown on EAD card.    
A)While technically possible, our office has not heard of any instances where the USCIS revoked the H4 EAD. That having been said, the USCIS will not be able to renew the H4 EAD in 2018 if you do not have an approved I-140 at that time.

Based on this we can assume once ead is issued it will be valid until expiry date even if I-140 will be withdrawn.

Lot of people have this doubt. Hope this helps.

Uncle they never heard any instances like that, that doesn't mean EAD will be valid. Read the H4-EAD faqs on USCIS website. It's your responsibility to know the law and to follow it. 

Risk theesukovachu but just letting you know the other side of it 

[Guest Puk_Naktha_RandhiCho]

17 minutes ago, PhillyDotNetGuy said:

I asked my new company's attorney this question:

Q) My current employer may withdraw I-140 after I leave. Does her current H4 EAD becomes invalid immediately? (Or) will it be still valid until the expiry date shown on EAD card.    
A)While technically possible, our office has not heard of any instances where the USCIS revoked the H4 EAD. That having been said, the USCIS will not be able to renew the H4 EAD in 2018 if you do not have an approved I-140 at that time.

Based on this we can assume once ead is issued it will be valid until expiry date even if I-140 will be withdrawn.

Lot of people have this doubt. Hope this helps.

Here you go uncle, Attorney gave Oreo to you

 

4.Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition?

In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.

 

5.My H-1B spouse’s approved Form I-140 was filed by a previous employer. Am I eligible for employment authorization?

For you to qualify for employment authorization based on your H-4 status, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. USCIS does not require that the approved Form I-140 be filed by your spouse’s current employer or by the same employer who filed your H-1B spouse’sForm I-129, Petition for a Nonimmigrant Worker.

 

Source - https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

[PhillyDotNetGuy]

2 minutes ago, Puk_Naktha_RandhiCho said:

Here you go uncle, Attorney gave Oreo to you

 

4.Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition?

In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.

 

Source - https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

You are wrong buddy. Revoke by USCIS is different to Withdraw by Employer.

USCIS Revokes if there was any fraud involved. If revoked there may be a change to issue NOID on EAD.

If I-140 is withdrawn by employer, technically ead is invalid. But, work cheyachu anukunta until expiry date. This is like a loop hole.

[Guest Puk_Naktha_RandhiCho]

2 minutes ago, PhillyDotNetGuy said:

You are wrong buddy. Revoke by USCIS is different to Withdraw by Employer.

USCIS Revokes if there was any fraud involved. If revoked there may be a change to issue NOID on EAD.

If I-140 is withdrawn by employer, technically ead is invalid. But, work cheyachu anukunta until expiry date. This is like a loop hole.

Lol it doesnt matter if you understand the terms correctly from USCIS, if your I-140 is not valid(may be revoked or withdrawn) then its gone case for H4 EAD also

 

Clearly Says APPROVED I140 

[mettastar]

2 minutes ago, PhillyDotNetGuy said:

You are wrong buddy. Revoke by USCIS is different to Withdraw by Employer.

USCIS Revokes if there was any fraud involved. If revoked there may be a change to issue NOID on EAD.

If I-140 is withdrawn by employer, technically ead is invalid. But, work cheyachu anukunta until expiry date. This is like a loop hole.

Withdraw chesina you will not be a beneficiary of that I-140 so technically EAD invalid. 

[Guest Puk_Naktha_RandhiCho]

Just now, mettastar said:

Withdraw chesina you will not be a beneficiary of that I-140 so technically EAD invalid. 

Spot on 

[bhaigan]

46 minutes ago, PhillyDotNetGuy said:

You are wrong buddy. Revoke by USCIS is different to Withdraw by Employer.

USCIS Revokes if there was any fraud involved. If revoked there may be a change to issue NOID on EAD.

If I-140 is withdrawn by employer, technically ead is invalid. But, work cheyachu anukunta until expiry date. This is like a loop hole.

So you got it , its loop hole be careful if got by uscis then big issue

[PhillyDotNetGuy]

1 hour ago, Puk_Naktha_RandhiCho said:

Lol it doesnt matter if you understand the terms correctly from USCIS, if your I-140 is not valid(may be revoked or withdrawn) then its gone case for H4 EAD also

 

Clearly Says APPROVED I140 

APPROVED I 140 should be there when EAD is under processing.

Once ead is issued it is valid until expiry. Did USCIS mentioned anywhere that ead is invalid if employer withdraws 140 ?

[acuman]

1 hour ago, PhillyDotNetGuy said:

I asked my new company's attorney this question:

Q) My current employer may withdraw I-140 after I leave. Does her current H4 EAD becomes invalid immediately? (Or) will it be still valid until the expiry date shown on EAD card.    
A)While technically possible, our office has not heard of any instances where the USCIS revoked the H4 EAD. That having been said, the USCIS will not be able to renew the H4 EAD in 2018 if you do not have an approved I-140 at that time.

Based on this we can assume once ead is issued it will be valid until expiry date even if I-140 will be withdrawn.

Lot of people have this doubt. Hope this helps.

yes acuman logically answered this question many times.

[PhillyDotNetGuy]

ltt