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H4-EAD i140 withdrawn from previous employer

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Posted by ganoush (27) 12 Jan 2018#1
Folks

I have my i 140 approved on October 2016 and I changed employer on October 2017. H1 transfer successful, valid for 3 more years. My old employer sent withdrawal notification to USCIS (As the status says "Correspondance received and USCIS reviewing it").

I had applied EAD for my spouse (H4 EAD) earlier. It s expiring in few months. Is it possible for us to apply for H4 EAD renewal considering my old employer sent i140 for withdrawl?
(forget about the pending h4 ead law suits )
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Posted by SamBLR (123) 12 Jan 2018#2
to ganoush:

I doubt you can. Because H4 EAD is based on your approved I-140 and if your old employer is revoking it, USCIS will not have any basis to renew/approve your wife's H4EAD. But have you not applied for I-140 with your new employer?
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Posted by ganoush (27) 12 Jan 2018#3
to SamBLR:

no not yet
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Posted by realjohndoe (75) 12 Jan 2018#4
to ganoush:

as per the regulations passed in jan 2017, employers can withdraw your I140 after 180 days of approval, but USCIS wont revoke it unless there is fraud or misrepresentation.
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Posted by wking (45) 12 Jan 2018#5
to ganoush:

You can apply EAD for you spouse with your approved I-140 and your current H1B. Your previous employer can withdraw it but not revoke it since you moved forward after 180 days of your I-140 approval.
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Posted by ganoush (27) 12 Jan 2018#6
to wking:

Yes I am hoping for the same
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Posted by H4eadhelp (8) 12 Jan 2018#7
to ganoush:

I am also in same situation, I contacted Murthy attorney and filed h4EAD extension with them using withdrawn I140. RD: Nov 6,2017. waiting for result. Murthy law firm told that there are chances to get approved, but not given 100% sure.
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