H4 EAD and I-140 question - Changing employers

[all_cinema_abhimani]

My I-140 got approved 1 year back and my H1B is till Oct 2019, my spouse is on OPT right now and valid till Jan 2019 and we are planning to apply for H4EAD for my spouse some time end of 2018 as their employer doesn't do H1 sponsor.

If I change my employer now/few months and for suppose my new employer delays new PERM and I-140, can my spouse apply for H4-EAD by end of 2018? as I have my i-140 approved from previous employer? or my spouse is not eligible for H4-EAD?

Please advise..

[KharjuraNaidu]

On 4/19/2017 at 8:18 AM, all_cinema_abhimani said:

My I-140 got approved 1 year back and my H1B is till Oct 2019, my spouse is on OPT right now and valid till Jan 2019 and we are planning to apply for H4EAD for my spouse some time end of 2018 as their employer doesn't do H1 sponsor.

If I change my employer now/few months and for suppose my new employer delays new PERM and I-140, can my spouse apply for H4-EAD by end of 2018? as I have my i-140 approved from previous employer? or my spouse is not eligible for H4-EAD?

Please advise..

https://www.quora.com/What-happens-to-an-approved-H4-EAD-when-the-spouse-primary-H1-applicant-changes-employer

[KharjuraNaidu]

https://www.quora.com/I-had-an-approved-I-140-notice-through-my-ex-employer-Now-I-changed-my-job-and-my-current-employer-will-take-sometime-before-filing-for-I-140-Can-my-wife-apply-for-H4-ead-based-on-my-old-I-140-approval

[all_cinema_abhimani]

On 4/21/2017 at 8:09 PM, KharjuraNaidu said:

https://www.quora.com/I-had-an-approved-I-140-notice-through-my-ex-employer-Now-I-changed-my-job-and-my-current-employer-will-take-sometime-before-filing-for-I-140-Can-my-wife-apply-for-H4-ead-based-on-my-old-I-140-approval

Thank you!

 

[OPTNation]

As long as the H1B status is valid, H4 EAD does not depend on changing employers. Employment changes are allowed under the current law and derivatives are not required to change or modify their status just because the principal changed the employer. H1B visa holders should have their I 140 for more than 12 months, for respective H4 holders to get EAD. 

EAD for H4 may get risk  if H1B holder loses his visa status.