Immigration Issues/I-140

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Question
My husband I-140 got approved 2 years ago and his H-1b is extending based on I-140 every 3 years. Since he got terminated yesterday, but based on the information we came to know that his I-140 will not be revoked with his current company. Also, Right now I am working on H4 EAD status. Since his I-140 will not be revoked for sometime, can I continue working on H4 EAD for sometime."

Answer
Hi,

The USCIS has answered a similar questions thus: "What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?"

"We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12(c)(26)."

Here is our interpretation: Since you currently possess an H4 EAD, it is safe to continue to be employed unless you receive notification from the USCIS that your EAD is terminated.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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