Change in Employer after approved I140

[igamer]

Hi,

I have an approved I140(first one) from Employer A with priority date in 2016, who has used the I140 to extend my H1B Visa to another 3 years with expiry in 09/2020

It has already been 6 months from the date of my approved I-140. My employer A has however assured, its not a regular practice for them to Withdraw any I-140 unless otherwise.

If I move to Employer B at this stage, 

1. Does Employer B have to re-apply for my Perm & I-140 to be able to extend my Visa beyond 2020?

2. Can my first I-140 from Employer A be used to extend my employment with Employer B ?

3. When my Priority date becomes current, can I hypothetically move back to Employer A, without having to re-apply for either of my Perm or I-140 ?

4. Until my priority date becomes current, could I use my first I-140 from Employer A to get H1B extensions with any other Employer?

 

 

[SUMANGA]

1. Does Employer B have to re-apply for my Perm & I-140 to be able to extend my Visa beyond 2020?
NO, but by that time you are at final action, you should go back to your employer A or your employer B should file perm/I140, your priority should still be the same with employer A.

2. Can my first I-140 from Employer A be used to extend my employment with Employer B ?
YES

3. When my Priority date becomes current, can I hypothetically move back to Employer A, without having to re-apply for either of my Perm or I-140 ?
read the answer 1

 

4. Until my priority date becomes current, could I use my first I-140 from Employer A to get H1B extensions with any other Employer?
YES

[roy86]

Hello Sumanga,

Do you know if we can file for H-4 EAD extension using the I-140 from previous employer or do we need to have the I-140 from current employer?

Thanks in advance.