H1b, GC and H4 EAd

[murthylawrocks]

I am on H1b(Valid till Oct 2016) and my GC is Oct 2012 Priority Date. My wife got the H4 EAD with the recent change. I would like to what happens with the below situation

 

1) If I would like to change job, can the new employer transfer the visa and will I get it for 3 years or I will get it again only till Oct 2016?

2) Is it advisable to do premium processing for the H1b Transfer to be safe before I quit the current job. Is that ok to do via premium?

3) If I change job, what happens to my wife's EAD? Should we just reapply? Should she stop working? She just started to work but unfortunately I have to mostly change my job.

4) If I change job after successful transfer and if the new company say that they need 6 months to 1 year waiting period to restart the GC process, do I have that much time to wait?

5) What if the current employer wants to revoke my GC application immediately after I quit? Am I at risk of loosing the H1b that was transferred as because that h1b extension is due to the GC in process? I am not clear with this part. If this happens, do I need to leave the country or if that H1b transferred is a valid one and I have to just start the GC process again with the same Priority date? or I loose everything? 

 

Please clarify.

 

[rahul412]

1.That depends on the documentation submitted for H1 approval

2. Before quitting is the safe option.

3. if your I140 is valid then her EAD is valid

5. Once your H1 transfer is approved then you are safe till your future employer processes your GC application.

[murthylawrocks]

1.That depends on the documentation submitted for H1 approval

2. Before quitting is the safe option.

3. if your I140 is valid then her EAD is valid

5. Once your H1 transfer is approved then you are safe till your future employer processes your GC application.

Thanks Rahul412. 

Regarding the 5th point. When the new employer starts the GC, will I be still OCt 2012 PD or it will be the date when it is applied?

[jairichi]

Thanks Rahul412.

Regarding the 5th point. When the new employer starts the GC, will I be still OCt 2012 PD or it will be the date when it is applied?

PD may or may not be retained. It is decided on case by case basis.

[rahul412]

Thanks Rahul412. 

Regarding the 5th point. When the new employer starts the GC, will I be still OCt 2012 PD or it will be the date when it is applied?

In general, you can. But some say its not possible now, only an exp attorney can help you.