Recently moved to new employer in 6th year of H1B. Both H1 and H4 were approved till 09/2020 at the time of transfer.
Applied h4 ead extension later and in the middle of its process I-140 was withdrawn by previous employer.
Received a rfe on H4 EAD to send the proof of an active I-140 for its process as the old one is showing withdrawn.
New employer yet to process labor and I-140 and not sure how to go about to answer this rfe?
I-140 is an employer's petition for the benefit of an employee. So, an employer is free to withdraw the I-140. To work beyond the six-year limit of an H1B, there needs to be an approved I-140. H4 is dependent on H1B. So, if H1B is affected, H4 is affected too. You may have to contact the previous employer to see if the previous employer is able to file another I-140 for you based on the old labor certification.
Answers do not constitute legal advice.
H-4 is not eligible for EAD with a revoked I-140
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline