Change of employer after I 140 approval


vdprashanth

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Hi All,

 

I got my I 140 approved on December 2015. My Priority date is December 2013. I have soft copy of my approved I 140. Employer does not share original I 140 with employee.

As indicated, it has been more than 180 days since my I 140 is approved.

 

I have to apply for H1B extn this year based on approved I 140 and hope I will get 2 to 3 years of H1 extn based on the project or work end date. I am planning to change employer after I get extn so that my wife H4 EAD will be valid for 3 years. Previous employer will revoke my I 140 after 60 days of resignation.

 

1. If I change employer with approved H1 transfer and after 60 days of resignation if my previous employer revokes I 140, can I retain my Priority date if the new employer files for a new perm ?

 

2. If previous employer revokes I 140, will my wife H4 EAD becomes invalid even though she has 3 years of H4 EAD ?

 

3. If previous employer revokes I 140, can I apply for another H1 extn based on revoked I 140 ?

 

I want to know whether these are possible in the new proposed I 140 rule or these were possible before the I 140 rule.

 

Please guide. Thanks for all in advance.

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1. Usually PD retention has been possible with a few recent problems.

 

2. H4 EAD rules are very recent. Based on H1 extensions which stand even were the I-140 were to be subsequently revoked, I suspect H4 EAD also stands . You NEED a Lawyer to advise further specifics.

 

3. Once revoked FURTHER extensions are not possible.

 

In a very significant election year no new rules will be offered.

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