Friday, April 22, 2016

Can someone get H4 EAD on their spouse's revoked I-140?

This is a pertinent question which many have been asking. In case their H1B visa spouses I-140 is revoked can they still file for their H4 EAD? It all depends on the situation. If your spouse has not reached 6 years extension and the employer revokes the I-140 before your H4 EAD is approved, the H4 visa holder will not get an H4 EAD. However, if the H1 visa spouse has had an extension beyond 6 years, then the spouse might still qualify under  AC 21 sections 106(a) or (b) of AC21.

The success in such cases is actually to prove how your spouse actually obtained their extension and explain to the officer how the H4 visa holder will actually qualify for the EAD.  At this point, it is recommended to have a lawyer file the case and analyze it under AC 21. Note that your spouse H1B transfer or extension might also not have been filed properly and as such filing the H4 EAD can put both of you in jeopardy.

Feel free to call us at 510 742 5887, should you need help.