Applying for H4EAD using previous employer's approved H4 I797

Hello Anil,
We are in a situation with the H4 EAD !!!

In October my previous employer filed for my wife’s H4 [only the H4 not H4-EAD].
I moved to a new employer in November and my old employer immediately cancelled my H1. In a weeks time, USCIS also sent a notification saying that the H4 petition filed by my old employer was cancelled.

My current/new employer filed for the H4 & H4-EAD in December.
Even though I received the notification from USCIS that the first H4 petition was cancelled, we received the approved H4-I797 [my previous employer’s petition] a few days ago.
Now is there a way we could apply for the H4-EAD based on the initial/previous H4 approval, so that she can start working again or do we have to wait for the current H4/H4-EAD to be approved.

Please provide your insights on this.

Thank you in advance,

H4 application has nothing to do with your old Employer. Old Employer can only withdraw the H1B and not H4.

You can use the approved H4 i94 to file H4 EAD.

My Spouse has Employer A filed H4 Visa.
I have Employer A, I-140.

Now I have moved to employer B and the transfer is in progress and I have joined Employer B
I want to file EAD for my spouse. Do I need to wait till my transfer complete and wait for my spouse H4 Visa approval then only I can file EAD or I can file with existing Employer A filed H4 i-94?


Hi @pranavak

Your question has been answered above. Please read.