Previous Employer I 140 To H4 EAD to New I-140


ManishGupta8

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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and I left that employer in Dec 2016 to start my employment with Employer B. I know that my old employer has not withdrawn my I-140 yet and based on new rule now they cannot even withdraw.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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