H1B/H4EAD - Change of employer


Recommended Posts

Hello,

I have situation mentioned below, would you answer these questions ?

 

I have  H1B visa and my wife H4EAD approved and valid until Dec 2019 filed by current employer.And I have approved I140 priority date Oct 2015..I am looking to change company.
1. I think existing employer can not revoke I140 after 6 months of its approval. Is this correct?
2. Are there any limitations to new employer filing my H1B based on my approved I140 or Is it possible to file so?
3. To avoid H1B/H4EAD issues how soon my new employer has to file PERM/I140 and get it approved with out my priority date gets affected?

 

Thank you.

Link to comment

1. I think existing employer can not revoke I140 after 6 months of its approval. Is this correct?

They can not revoke, they withdraw and they can do it any time. Does not matter after 6 month or before. They will just inform USCIS that they do not have the job anymore for which they applied green card. If that I140 is approved and 180 days are gone then USCIS consider the job offer withdrawn but the I140 will remain approved. If 180 days are still not done then i140 goes to trash. 
2. Are there any limitations to new employer filing my H1B based on my approved I140 or Is it possible to file so?

No Limitations,they can use that I140 to get a transfer and extension.
3. To avoid H1B/H4EAD issues how soon my new employer has to file PERM/I140 and get it approved with out my priority date gets affected?

Try to get it ASAP, you never know when which law going to change.

Edited by Stuck_with_H1B
incorrect info.
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...