Hello,
I have I140 approved and my spouse is already have H4 EAD. My question is if I transfer my H1 and H4 to another employer will my spouse loose the benefit of H4 EAD until new employer don’t file new labor and I140 ? or She can work as soon as transfer get approve ?
Thanks in advance.
No, he will not lose H4 EAD, as long as the I-140 is valid ( meaning your current employer has not withdrawn with your I-140 before 180 days.) Check H4 EAD FAQs Yes she can work.
180 days is not relevant to this question. Am I right.
I-140 active(not withdrawn) with any one employer, current, past or anyone you never worked for - Eligible for EAD
I-140 approved with some employer - spouse gets EAD - you find a new job - I-140 is withdrawn(irrespective of how many days it has been since it was approved) - current EAD isn’t valid anymore(not 100% sure of this part alone) & not eligible for EAD, until a new I-140 is approved.
If you want your spouse to continue working, have your past employer hold the I-140(good option) or have the new employer start GC process(long route - break from work for few months for the EAD dependent)