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member24

H1B transfer with unapproved I140

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I am on H1B and my perm is in progress, i140 is not filed yet. I want to change jobs and got offer from a good product company, and the new employer is ok to do my GC process after one year in the company. But my question is after i join new employer, can my old employer still continue my PERM and apply i140? that way my dependent H4 spouse can get EAD based of that, until my new employer starts my GC process after 1-2 years. 

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I-140 application needs your current paystubs (along with other documents), which your previous employer will not be able to provide, since you are not on his payroll any more.

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9 hours ago, Zodiac System said:

I-140 application needs your current paystubs (along with other documents), which your previous employer will not be able to provide, since you are not on his payroll any more.

Please get your facts checked before giving advise to anyone. GC and H1b are mutually independent petitions. 

You do not need to work for the employer who is filing your I140. 

If his employer is ready he can continue with the GC process. No issue there.  

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23 hours ago, member24 said:

I am on H1B and my perm is in progress, i140 is not filed yet. I want to change jobs and got offer from a good product company, and the new employer is ok to do my GC process after one year in the company. But my question is after i join new employer, can my old employer still continue my PERM and apply i140? that way my dependent H4 spouse can get EAD based of that, until my new employer starts my GC process after 1-2 years. 

can my old employer still continue my PERM and apply i140? - YES HE CAN

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I misread the question earlier...

Yes, old employer can continue the GC process even thought you are not working for them and your spouse can get an EAD once the I140 is approved with the old employer. 

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