PERM approval has wrong last name - i140 approved - Is H4 EAD application affected?

H4-EAD
1

Hi Anil,

I have couple of questions related to i140 approval and H4 EAD application

i140 approved but PERM approval has wrong last name

My husband’s I140 got approved but we just realized that the last name(alien’s last name) mentioned on approved perm ETA 9089 was completely wrong.
Does that mean his I140 too would have incorrect last name.

What is the impact on next steps ? and does that impact H4 EAD application too ?

H4 EAD application questions

  1. Field named as" Alien Registration Number": You have mentioned that it should be left blank on sample form but my cousin had mentioned number from I94. Is that correct?

  2. Field named as " USCIS online account number". You have mentioned that it should be left blank. What does this field mean?

  3. Eligibility criteria. You have mentioned C26 but i am confused between C26 and C36 . They both look same for H4 applicants. Whats the difference ?

  4. My husband’s company won’t be sharing approved I797 of Form I140 so what number should be mentioned on form and attached as primary evidence for approved I140 as i want to submit application by next week to be in the pool before any EAD decision is made hence, don’t have much time to follow FOIA process to get details.

2

Wrong last name on PERM approval might affect H4 EAD

Yes, incorrect name will cause issues and USCIS may issue RFE. You should get it corrected as early as possible. Your employer will have to take action to fix PERM name changes.

H4 EAD - A number

If this is the first time you are applying for H4-EAD, you probably do not have any A-number.

Also, the earlier H4EAD form had the same field for writing either A-number of i94 number.
In the new i765 form, the A-number and i94 number are separate fields.

USCIS online account number - Leave blank for H4EAD

USCIS online account number is issued to people who file immigrant petitions. H4EAD do not have this number. This form i765 is common to all types of EAD applications and hence, you have these questions. Leave it blank.

H4 EAD eligibility category is C(26)

For H4 EAD, the eligibility = C(26).

Employer not sharing i140 information for H4 EAD

If employer is NOT sharing i140, then you can get it directly from USCIS using FOIA request:
https://www.truvisa.com/t/sample-g-639-form-for-uscis-foia-request-by-email-or-postal-mail/327

FOIA request will take time to get your i140. So, plan accordingly.