Do I need new i140 for extending H4 EAD
Let’s imagine H4 EAD does stay longer. My wife works based on H4 EAD. I’m about to leave Yelp - I understand that she will be able to work till her EAD expires. But what after that? Can we renew it based on Yelp’s i140 or I’ll need a new i140 from the new employer.
You do not need new i140
You can use any valid I-140. You don't need a new one afaik. Same goes for when you want to recapture your GC priority date too..
H4 ead and I-150 has nothing to do with each other . Once I-140 is approved and the company does not revoke it ( or 6 months in the company after I-140) h1b can be extended so can the h4 application . H4 ead is employment authorization for h4 which depends on how long the rule stays , so need to be filed a separate application that application can go with h1,h4 extension or separately later
i140 is for future employment, you don't EVER have to have worked for the i140 sponsor. You have to work for them AFTER getting greencard, it doesn't matter who you work for before. Didn't even matter whether you are even in the US. Seems the almost no one understands that. It's just common that people do work for the sponsor because in a business sense why would they sponsor you but not want to hire you right away? So they get you both a short term visa and the greencard, but legally those are two independent things.
From my understanding, as long as you’ve a valid H1B, she has a valid H4 and EAD. Unless Yelp revokes your previous I140, you’re fine to switch and have the new company apply for GC again.
Thanks. And after her EAD expires (in 2021), if we want to renew it, do we need new companies i140 or Yelp’s i140 would work? I’m asking this question because there’s a chance new company might not apply for green card within 6 months and I’m doubtful that I’ll have my new i140 before her EAD expires. Hope I’m clear and thanks for help.