H1B transfer after I140 approved

[skmandava]

Hi,

I have my I140 approved in December 2014 with my current employer. But, I got a full time offer from my Client. I have already used 6 years of my H1B. Can I do a H1B transfer to this new Client even if my current employer withdraws my I140. Also, my spouse is on H4 EAD,  Can she continue on H4EAD if my current employer withdraws my I140 ? How safe is it to change my employer at this point?

 

Thanks,

Krishna

[gopalakrishnach]

It looks you have I140 approved. Then you can do h1B transfer

Is your i140 passed 180 days ( I forgot exact days )? If yes then I140 cannot be withdrawn.

[rohit369]

Your current employer cannot withdraw the I140. The time has passed. Its for you to keep.

You can transfer the H1 based on I140. You will get a 3 years extension. Your wife will also get a new H4EAD valid until your new petition.

However, you will have to redo your GC process from scratch which may take 1-2 years to get to this state with your new employer.

[User099]

You can use the approved I140 to extend your H1 beyond 6 years with a new employer. 

Regarding your EAD question, you can see this: 

 

How safe is it... will be a difficult question to answer, you will have to take the risk or talk to an attorney to do a full assessment of you case.