ManishGupta8 Posted November 17, 2017 Report Posted November 17, 2017 Hello, I have the below situation, please help me with the best. I am USA from last 11+ years and I used to work with Employer A(Previous) and had a approved I-140 with them and shifted to new Employer B(Current) My I-140 thru employer A is approved in Oct 2015 (180 days passed) and I left that employer in Dec 2016 to start my employment with Employer B. I know that my old employer has not withdrawn my I-140 yet and based on new rule now they cannot even withdraw. My wife also has approved I-140 thru her employer from 2012, and she is still working for same employer. 1. In worst case scenario (if needed), can I go to H4 EAD (based on my spouse I-140) , have my Green card apply thru my new employer C ? If yes then will they be able to port my priority date from my original I-140 when I was on H1B ? Moreover after H4 EAD holder receives his own I-140 (while on H4 EAD), do they still have dependency on primary H1 B holder ? 2. If I have to go back to my country due to Visa Issues, then in order to get H1B visa again, will I be counted towards the country yearly quota limit and hence have to go thru lottery system or will I be excluded from lottery as I have been counted once initially ? 3. Am I CAP exempted and will always remain CAP exempted (assuming government does not make any policy change)? I believe this goes with above question but still wanted to make sure ? Thankyou !!
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