H4 EAD extention with withdrawn I-140

HI

I have an approved I-140 (approved in Feb 2016) with my previous employer. I stayed with them till Apr 2019(more than 180 days after 140 approval) when I changed to a new employer. So my old employer cannot revoke my 140 and I can use it for multiple H1B extensions and port that date.

looks like my employer withdrew my 140 and this is the status/“Petition Withdrawn/Over 180 Days/Not Automatically Revoked”

However, My wife has a H4 EAD till Feb 2021. If we wanted to renew her EAD for additional 3 years, Can the withdrawn petition be used for extending her EAD or should I have a new 140 from my new employer?

Please let me know.

Hi @rajiv460

As long as the i140 is not revoked, which is your case, you can use the withdrawn i140 to extend H4 EAD.

I140 gets useless if USCIS revokes it citing fraud or misrepresentation.

Thank you for the reply. I do not see any text in USCIS website confirming this and couldn’t get any concrete answer even from my attorney. Do you know anyone who have done this recently?

Hi @rajiv460

I know many people who have done this and hence my answer.

If you apply/port your H1B date with new employer, the USCIS will verify your i140 and will reject the application if they have revoked it for fraud/misrepresentation.

This has happened with couple of people earlier. If the i140 has been withdrawn without any fraud, then you can keep using it without any issues. Do not worry.

If you want to have peace of mind, you can have a second opinion by talking to an independent attorney.

Thank you for the help.

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Sorry for bringing this up again but I see a lot of threads out there about using withdrawn I-140 for EAD renewals?
I see on some sites that EAD renewal is being rejected due to using a withdrawn I-140 and lots of other threads which says they got it approved by using the withdrawn I-140.

I am on my 9th year of h1, I140 approved and withdrawn**(not revoked)** after working for my employer for more than an year.

We sent out my wife’s EAD renewal last week using this 140. Is this going to be an issue or should I ask my employer to start my PERM process?

Hey Rajeev, Im in the same situation as your case, Is there any issue in applying for H4 EAD or No. TIA

Hello Sai.
There is no issue. Just make sure you have the appropriate documentation just in case there is an RFE. Please refer to my success story.

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