Changing jobs after I140 approval and H4 EAD of the dependent

Expedia anony🐭
Mar 13 11 Comments

If one changes jobs through H1 transfer with an approved I140 (approved more than a year ago with current employer), is the dependent still immediately eligible for applying new H4 EAD or would we need to wait for the new I140? Is a new 140 required at all?

Please do the needful and oblige.

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TOP 11 Comments
  • Facebook lollipop🍭
    You don’t have to wait for the new i140. EAD can be applied with the existing i140 approval. Make sure you get the i140 approval papers before you leave.
    Mar 131
  • Yelp nyXi60
    Your spouse can work without you needing to get new i140 until and unless their EAD is valid and not expired. I might be wrong but this is what I’ve heard before from others.
    Mar 131
    • Expedia anony🐭
      OP
      Thanks. Aren't we supposed to get a new H4 if the primary applicant transfers H1?
      Mar 13
  • SAP 827hshs
    Do companies give you the original I-140 approval official paper/document from USCIS ? Also, if I am on 6th year of h1b and changing employer (I-140 from current employer already approved), is it okay if the new PERM and I-140 approval takes beyond the 6th year end date of h1b ?
    Mar 134
    • Facebook lollipop🍭
      Usually they don’t. But I told my employer that I needed it to file for my spouse’s EAD and they shared the copy.
      Mar 13
    • SAP 827hshs
      Yea what I heard from friends is they don’t give you any copy of I-140 approval.
      Mar 13
    • Facebook lollipop🍭
      Even if they don’t share, looks like you can directly approach USCIS to get the same. Immigration forums can help on that
      Mar 13
    • Expedia anony🐭
      OP
      I have my 140. Never asked for it.
      Mar 13
  • SAP 827hshs
    Also, what I understand is once we switch employers with an approved I-140, the new employer has to go through the entire PERM filing process from PWD, labor ad posting, filing PERM and I-140 filing which typically takes 10-12months. Is that correct ?
    Mar 131
    • Expedia anony🐭
      OP
      Same question here. Can someone who recently switched jobs please help?
      Mar 13

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