H4-EAD extension RFE on withdrawn I-140
Applied h4 ead extension later and in the middle of its process I-140 was withdrawn by previous employer.
Received a rfe on H4 EAD to send the proof of an active I-140 for its process as the old one is showing withdrawn.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?
2 attorney answers
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.
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.