H4-EAD with Approved I-140 but Company changing name

H1B Visa
1

Hello Anil,

I have a approved I-140 and got H1-B extension upto Dec-2020 based on that.
I am planning to file H4-EAD for my wife but because of some merger and Demerger, my company name is changing (new company will be successor in interest of the previous company) and our visa team has mentioned that they will be filing a fresh I-140 in next 4-6months.

  1. Can i file H4-EAD for my wife with current approved I-140 or need to wait for the new I-140?
  2. Will there be any problem getting approval for H4-EAD from USCIS with the current approved I-140?
  3. if H4-EAD is approved now, do i need to refile the H4-EAD with new i-140 once again even though the expiration date might b Dec-2020?

Please provide your inputs.

Thanks
Abhijeet

2

H4 EAD can be filed with old approved i140

You can file H4 EAD using approved i140. The company name change, merger, acquisition does not affect i140.

Just make sure that your employer does not withdraw it before 180 days.

I do not see any issue with H4 EAD approval.

H4-EAD once approved remains valid

You do not need to refile H4 EAD after getting new i140.

Just file for renewal of H4 EAD as and when it is due for renewal and use the new i140 at that time, if approved by that time.

3

Thank you Anil.

One thing you mentioned company merger demerger doesn’t impact I-140 but our company is planning to file a new one.
Any idea why is it so?

Thanks
Abhijeet

4

That’s because you cannot file i485 with the old i140 if company name changes.

But, for H1B extension and H4 EAD, you can use existing approved i140.

5

One more question,

Can i change my employer and get H1-B extension based on the current I-140?
Can i get extensions based on cutrent I-140 until my new employer get new Approved I-140?

Thanks
Abhijeet chauhan

6

Change employer and extend H1B with i140

Yes, you can change employer using i140 and keep extending your H1B as long as you want.

More scenarios are covered here:
https://www.am22tech.com/i140-h1b-extension-or-transfer-after-6-years/