Changing employer after i140 approval

[ninjaCoder]

Hi all,

          I recently got my i140 approved and my employer usually doesn't revoke i140 if I leave. In that case when I change my employer do I have to re-apply for green card from my new employer to get H1B extension beyond 6yrs? 

[ninjaCoder]

So for example,  if I have got 140 approval from Company A and I switch to company B,  Do I get H1B extensions based on previous i140 approval? Or I have to get my GC filed as soon as I change my employer?

 

[pontevecchio]

If you have an approved I-140 you are eligible for 3 year extensions beyond 6 years based on that approval and with any employer and the extension will stand even if the I-140 was subsequently revoked.

[ninjaCoder]

So basically i would get H1B extensions based on previous approvals irrespective of the current employer. So who files the i485 in this case ? Is it the same in case with H4 EAD i.e. spouse can continue using H4 EAD even if i change my employer?

 

[pontevecchio]

AOS is your baby though employers have been known to pay for the process. H4 EAD is based on valid H1 status of the spouse along with approved I-140.