H4 EAD replacement

USA H4 Visa
#1

Hello Guys,

Looking for some help here.
I lost my EAD card and thus I am trying to file for a replacement card

I have some questions regarding the i-797 form of my spouse.

My husband got his I-140(valid till June 2020 and is still valid) from Company X and that is when I applied for my 1st EAD. Later on he changed his company to Y last year and now he is issued a new i-797(valid till 2021). However his new company Y hasn’t filed for his GC yet as they are still in the marketing phase, so no I-140 from company Y yet.

So my question is can I still submit USCIS his I-140 from company X since it is valid and also his i-797 from company X.
I am a bit confused here since in the i-765 form its clearly written to submit " your spouse’s recent i-797 ".

Can someone please help me here.

Thank you.

#2

If Company X has not withdrew your I-140 and it is in valid state, you should be able to apply for H4 EAD using that. You should submit your recent I-797 as well to indicate that you are maintaining proper status. Check with your attorney at Company Y, just to be sure.