I 140 approved, H4 EAD approved. What will happen if I change company and I 140 is cancelled by employer


I have approved I 140 from Company A and with that got H4 EAD approved for my Spouse. It’s not been 6 months since my I 140 is approved. I am now offered a Full time with a very good company and would like to check the possible scenarios. My employer confirmed that they will request for I 140 cancellation upon my exit.

I have the below questions:

  • What will happen to my Wife’s H4 EAD then?

  • How do we know if Employer cancelled I 140 and what will happen if my wife continues to work on H4 EAD because she doesn’t know that the I 140 is cancelled?

  • Can I still retain my priority date (didn’t complete 6 months since I 140 approval)

  • I will complete 6 years of stay in US by end of 2017, will my wife be automatically eligible for EAD even if I don’t have I 140 approved but PERM is approved

  • If Employer requests USCIS for cancellation of I 140, will it be treated as fraud, misrepresentation of I 140? Are there any scenarios where even though the Employer requests for I 140 cancellation, USCIS doesn’t cancel it, so that I am not impacted?