How does I-140 status effect H4 EAD when changing jobs

[tvjagadish]

I am currently working in Company A with I-140 approved (more than a year). I have a offer to join Company B. My wife is in OPT, going to apply for H1B next year (her last chance, after which OPT expires). I have few questions (they might fall under diff categories but putting it all here):

 

1) If I join Company B, what happens to my approved I-140? Will it be withdrawn immediately or kept active for sometime? 

2) Does the Company A have any restrictions on how long can they keep the I-140 active after a employee leaves the job? 

3) Would I still be able to port my priority date if Company A withdraws I-140?

4) Next year if my wife's H1B is not picked and my I-140 is still active, can I apply for H4 EAD for her? 

5) If with Company B, I get only 1 year of Visa and they fail to start the GC process, can I get H1B extension at all or will I loose my legal status at the end of 1 year? 

6) What is the difference 'Approved I-140 with H1B Holder' and 'H1B Extended using AC21'? If I have H1B after initial 6 years, would I be considered H1B extended AC21 or it applies to only H1B extended with I-485.

 

Thanks in advance for your responses and time. 

 

Jagadish

 

[satish.sap970]

1) It depends on the employer, if he wants to revoke he can..

2) no restriction, it depends on the employer

3) yes you can provided if the I140 is not revoked for fraud or error ( Again watch for this point as there are some cases happend recently where PD was not retained 

4) Yes you can

5) This depends in which year of H1B tenure you are and also if your  previous I140 is active then no issues 

6) I485 application pending for 180+ days

[tvjagadish]

Thanks for the reply.