this is what i got from attorney
. Under the regulation as proposed, the priority date of the I-140 did not
have to be current. Any I-140 approval would be sufficient, no need for it
to be the current employer's I-140.
2. With respect to job changes, the proposed regulation allowed two avenues
for the H4 EAD. Either the H1 spouse had to have an I-140 approval OR they
had to have extended H1 status beyond the six years under AC21. Thus, it
seems that, if there is a job change and the H1 spouse is beyond six years
of H1 time, that would qualify the H4 for an EAD, even if the old employer
requests to revoke the I-140.
3. Once an EAD is approved, it is valid unless specifically revoked. So,
various changes after approval should not disrupt the EAD, but could impact
the ability to get an extension.
