How Does a Change in Employer Affect My Wifes H-4 EAD Status?

How Does a Change in Employer Affect My Wife's H-4 EAD Status?

Understanding the Relationship Between H-1B and H-4 Status

When an H-1B visa holder applies for an Employment Authorization Document (EAD) through an approved I-140 petition, it's important to understand how changes in employment can impact their family members' EAD status. In the specific case of an H-4 dependent spouse, her EAD is tied directly to her spouse's H-1B status. This means that as long as the primary applicant (the H-1B holder) maintains their H-1B status, their spouse's H-4 EAD should remain valid.

Employer Switch and Its Impact

Taking a position with a new employer, such as switching from Company A to Company B, does not typically affect the validity of your wife's H-4 EAD. If you are currently employed under an approved H-1B petition (as evidenced by your My H1 extension and your wife's H4 EAD which were approved based on an I140 from Company A until 2018) and you change employers, your H-1B status will remain valid as long as the new employer files the necessary paperwork to transfer your status properly.

Important Considerations

To ensure that your wife's H-4 EAD remains valid during a change in employment, you should:

File the necessary paperwork with your new employer: Ensure that your new employer files the appropriate Form I-129 to transfer your H-1B status. This process is crucial for maintaining your employment status with the new employer. Tie your wife’s H-4 EAD to your new H-1B status: Once you have successfully transferred your H-1B status to the new employer, your wife's H-4 EAD should be linked to your new employment status automatically. This means she should be able to continue to apply for her EAD, assuming she is a dependent of your new employer. Port the I-140 petition: If the original I-140 was filed by your previous employer and you are now with a new employer, your new company may need to port the approved I-140 to your new employer. This is especially important to ensure that your wife's EAD remains tied to your active H-1B status.

What About When the I-140 is Revoked?

While an approved I-140 is crucial for securing an H-1B visa and for your wife to obtain an H-4 EAD, the fact that you are maintaining a valid H-1B status with a different employer means that your wife’s EAD does not become invalid simply due to the revocation of the I-140. However, if the I-140 is revoked, your wife will need to file a new H-4 EAD application with a new I-140 if she wishes to continue working.

Conclusion and Professional Advice

While the information provided above can help you understand the general rules, it's important to note that the specifics can vary and legalities can be complex. We always recommend consulting with an immigration attorney to ensure that all necessary steps are taken correctly to avoid any potential complications.

Note: This information is for general reference only and should not be construed as legal advice. Always consult with a qualified immigration attorney for personalized guidance.