Changing Employer while present company in process of EB3 to EB2 conversion

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I have a I-140 approved in EB3 category with my present company. The present company is changing my EB category to EB2 using my promotion and adding a Master degree requirement in current job I am doing.

If I change the employer before the present company completes the EB2 process with new EB2 approved I-140:

1) Will I be able to retain the EB3 I-140 with priority date after joining the new company?

2) My wife has H4-EAD with expiration in January 2020. After changing the employer will she able to apply for new H4-EAD with extended expiration date? ( E.g. If I change my job in August 2017, Can my wife apply for new H4-EAD using EB3 I-140 in August 2017? and can the new H4 EAD will have expiration till August 2020?)


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1. PD retention has always been possible.

2. Her H4 status is based on your valid legal H1 status with any employer. Hence she will remain in H4 status even if you change employers on H1. Presumably her EAD will remain available for use as long as you have an approved I-140 with any employer.

If the matter is important enough to you, please schedule a consult with a Lawyer.

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