What if my H-1B spouse's I-140 is denied?

H4/H4 EAD
January 01, 2026
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Answer

If H-1B spouse's I-140 is denied:

  • Your H4 EAD eligibility ends (if based on I-140 approval)
  • If EAD already issued, it remains valid until expiration date
  • Cannot renew EAD unless I-140 is approved
  • If I-140 was basis for 7th year extension, H-1B spouse may need to leave

Options: H-1B spouse can refile I-140, or you can pursue your own work authorization (H-1B, F-1 to OPT, etc.).

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