Hello folks,
I am exploring the option of shifting to the US and work under EAD being granted to those on H4 visa.
I would be highly grateful if you can guide me with the below,for me to able to make a more informed decision.
Background: My to-be husband is in the US for almost 10 years now. He completed his MS and MBA from US and his H1B has been extended over 6 years already. He is in his 8th working year. His I-140 was approved with his previous employer in 2011. He has been working with a new firm last 14 months now and the new firm is in the process of reapplying his PERM and I-140. We just checked online that the previous employer has not yet revoked his previously approved i-140.
I have referred the following USCIS link for my understanding:
http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf
Questions:
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Basis (b) H-1B Principal Received AC21 106(a) and (b) Extension. under 3. Basis for authorization (page 4), am I eligible for EAD irrespective of current I-140 status of my spouse currently on H1B? As he is on his 8th year of H1B?
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If the above is not true, Pls help me with better understanding of this above point with respect to my case.
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If we speak basis (a) Approved Form I-140. under 3. Basis for authorization (page 4), just to reiterate my spouse’s I-140 with previous employer is still active but fresh process of PERM is being initiated by his new firm. If the previous company doesn’t revoke his I-140, at what stage of his new PERM application/ i-140 application does his previous 1-140 gets revoked automatically? I was considering this because if the previous I-140 gets revoked/ cancelled automatically just before the fresh one gets approved, then I have almost 1 year and can explore the option of applying for EAD basis this criteria as well?
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Every time my spouse gets a fresh I-140, I too have to keep reapplying for my EAD? Even if my spouse has already been working beyond 6 years on H1B ?
Thanks a lot
Eagerly waiting for insightful responses