Refiling of I-140, PERM on change of job location and entity movement within same Organization

[afshe]

HI Team,

I have a situation where I already have an approved I-140 under EB3 for current location California, LA and Division 'A' currently i am wokring in (Approval received in April 2017)

Now with a project change, I need to move to a difference location Tennessee and also I am getting transferred to Divistion 'B' same company/organization.
My current employeer is saying that I have to reinitiate my GC process from start as there will be change in Location and Division compared to what was filled initially.

I want to understand how it will impact my current & future GC process. 

1. Can I retain my existing Priority Date even with new Labour/Perm filling ?
2. Can I get extension based on my existing I-140 approved even with new Labour/Perm filling(H1-B extension beyond 6 years)
3. Can I change my job with new Labour/Perm filling in process based on my current I-140 approved ?
4. Dependent (H4) EAD – Can I apply for my wife EAD on my current approved I-140 will there be any impact once the new PERM/I-140 process is initiated regards to applying or extension of EAD.
5. What will happen to my current I-140 once my new application for Labour/Perm gets approved (i.e. New I-140) which one will be active ?
6. What if something goes wrong with new filling can i still use my approved I-140 for extension/Dependent EDA/Job change etc ?

Thanks
Appreciate your help !!

[pontevecchio]

You retain the PD irrespective in the absence of fraud. Based on an approved I-140 which is not revoked you are entitled to H1 extensions and your spouse is entitled to H4 EAD.

[afshe]

Thanks,

I have another questions on same topic, if my Priority Date becomes current can i file I-485 for adjustment of status and get EAD with my old approved I-140 even-though my new PERM/I-140 is in process.

Thanks.

[pontevecchio]

That is possible only if you intend to work for the older company. In any case for a PD pf 2017 in EB3, you have a LONG wait.

[afshe]

Thanks for the reply, 

[afshe]

If I am in the same company but moved the entity within due to which I have reinitiate the GC process so in that case  (hypothetically) if my PD becomes current can I file I-485 based on old approved I-140 ? 

[Sidsin]

 

On 7/9/2017 at 1:23 PM, pontevecchio said:

You retain the PD irrespective in the absence of fraud. Based on an approved I-140 which is not revoked you are entitled to H1 extensions and your spouse is entitled to H4 EAD.

Hi,

My spouse's employer had filed for her H1b from a location and post that filed for i140 which got approved.

Post that, I filed for my H4 EAD. In the meantime, my spouse's work location changed (I believe same MSA, as the city is the same), but her company got her H1B amended. We are still waiting for the amended H1b.

Before My spouse's H1b amendment got approved, I had filed for my H4 EAD with the approved i140.

I got a RFE asking for Proof of spouse's H1b nonimmigrant status, under which they have requested for copy of i797, notice of approval, for form i129 and receipt number of spouse's approved Form i-129, if filed earlier.

Now which documents am I supposed to send? the latest H1b (which we are yet to receive) or the old one which we originally got 2 years ago?

Also, will we have to file the i140 application again for my spouse?