Apply H4EAD with I-140 receipt and approval screenshot

Hi ,

I am in a situation where my i140 got approved recently, but my employer is not willing to share the approval copy with me. I now wanted to apply H4EAD for my wife using the approved i140 petition.

Question : can i apply for H4EAD with I140 receipt number and USCIS case status approved screenshot ? Do i need to explicitly mention in the cover letter why i am not able to provide the approval copy ? Please help…Thanks

You should get the i140 copy from USCIS using FOIA request. They do not accept screen shots.

Hi Team,

My I-140 was approved in mid July and my H1B extension got approved using the same for next 3 years. My employer has a policy of not sharing hard/soft copy of approved I-140 with employee.

However, my employer said that they didn’t receive any mail from USCIS for my approved I-140 and upon reaching out to USCIS customer care after waiting for 45 days, USCIS denied any duplicate copy of the same.

Currently, I want to file my spouse’s H4EAD, for which my employer’s attorney said we need a copy of approved I-140 and the only way forward is to file I-824, which might take anywhere from 5-8 months. Upon receiving my I-140 via this method, though employer still might not share a copy with me but they can then proceed with filing H4EAD, that shall take further 6-8 months.

When I mentioned about getting I-140 document via FOIA, my employer said that I-140 received via FOIA might be used for H1 extension, but is not acceptable for H4EAD filling.

I’d really appreciate if you can advise me a method to file H4EAD in my case?

Hi @anirudh0000

The USCIS FOIA i140 copy should be acceptable for H4 EAD filing.