H4 EAD While H1B Job Change

[CaptainSpark]

Hi
I have the below query - great if someone can provide some insights.

Suppose the primary H1B holder is changing jobs (i140 approved) and the spouse is on H4 EAD. What will happen to that H4 EAD status if the present employer cancels the i140 when changing the job?

I understand that the current date does not change (if the application has been in the system for a long period > 6 months). However, given the EAD status is bestowed due to the approved i140, will that EAD become void? The new employer will file another i140 application but there will be a certain time lag before it gets approved - can the spouse keep working during that timeframe?

Thanks

[Kalpesh_Dalwadi]

@CaptainSpark

Suppose the primary H1B holder is changing jobs (i140 approved) and the spouse is on H4 EAD. What will happen to that H4 EAD status if the present employer cancels the i140 when changing the job?

H4 EAD has dependency on the primary H1B status though the basis of eligibility is approved I-140 for the primary H1B. So once the I-140 is approved and even if the employer withdraw I-140 after you leave, as long as the H1B status is maintained, the H4 EAD will remain valid till the card expiry and H4 can continue working. Make sure timely extension is filed before the card expires.