H4 EAD Application Queries

[CaptainSpark]

Hi
I am applying for my spouse’s H4 EAD. I have two questions.

1. I had my i140 approved in 2018. I wanted to check the status (it has not been revoked but just wanted to confirm). The status search on the USCIS site returns “case was sent to the department of state”. Does it in a way mean the i140 is still valid?

2. Recently I moved into a different subsidiary of the same employer but technically a different legal entity. I got my H1B amended, and my spouse got H4 based on that. Will the original i140 which carries the name of the previous legal entity (say “A” while my current employer on H1B is “B”, although both are just different subsidiaries of the same company) pose any challenge?

Thanks

[Kalpesh_Dalwadi]

@CaptainSpark

I had my i140 approved in 2018. I wanted to check the status (it has not been revoked but just wanted to confirm). The status search on the USCIS site returns “case was sent to the department of state”. Does it in a way mean the i140 is still valid?

The above status may indicate consular processing so doesn’t mean it is revoked.

@CaptainSpark

Recently I moved into a different subsidiary of the same employer but technically a different legal entity. I got my H1B amended, and my spouse got H4 based on that. Will the original i140 which carries the name of the previous legal entity (say “A” while my current employer on H1B is “B”, although both are just different subsidiaries of the same company) pose any challenge?

For above you should consult the immigration lawyer of your current employer. Typically you may still use your I-140 for H1B AC21 extensions beyond 6 years however when it comes to filing adjustment of status (I-485) when your priority date becomes current, it will have to be filed by employer A if the green card job is still available. Otherwise, your current or future employer whom your are working will need to refile your I-140 ( you may still keep/port the priority date so you dont lose your position in the GC queue) .