Reg: I-140 and H4 EAD


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I am currently on H1B with employer A and the 6 year  H1B period expires by first quarter 2021. My I-140 with employer A was approved 2 weeks ago and I am Planning to move to employer B. My H1B transfer to employer B is already approved and is valid till end of first quarter 2021.  I am supposed to start with employer B by mid December 2019.

A) Can employer B use my approved 1-140 to get unlimited H1B extensions after completing my initial 6 year H1B period.  This question is assuming the worst case, employer B did not start my green card process again to make it current.

B). Can my wife whose opt expires on Jan 2021 ( assuming the worst case if H1B is not picked next year ) get H4 EAD with I-140 approved from previous employer A and work with the same employer as mine (employer B) on H4 EAD.

C) should I stay with my current employer for at least 180 days after my H1B is approved , before i can switch jobs ? is the 180 day rule still active. Any links to the resource ? 

D) I would like to know, if it is worth take the new offer or stay with my current employer, to keep my I-140 active and also able to get H4 EAD for my wife. currently we both work for  the same company and also are planning to move to employer B. both have offers with employer B.

D) what Benefits I get from immigration prospective by having approved I-140 from one employer in terms of H1B extensions, switching jobs and H4 EAD.


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Your I140 with Emp A should be approved for more than 180 days before you can use it with Emp B. Also you can use this I140 from Emp A for all future extensions after the 180 day period.

2. Most Likely Yes.

3. Make sure your employer agrees to not revoke your I140 for 180 days even if you are not on their payroll.

4. If your employer revokes it before 180 days, then the Priority date is gone. You will get a new Priority date next time. If you apply today its an estimated 150 year wait time for GC's, it really doesn't matter what is your priority date. 

5. Future extensions and H4EAD (while it lasts).





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