Sun2020 Posted May 27, 2020 Report Share Posted May 27, 2020 (edited) Hi All - I have my I-140 approved and 180 days are being completed around mid July 2020. My dependents are (stuck) in India right now and not able to return because of Covid19 and not sure when international borders will open. My son's H4 visa needs to be stamped on passport. I have following queries, if I change employer from A (who filed I-140) to B, 1) My current I-797 is valid till Aug 2021 and so my spouse's. We need to stamp it for my son, which I will be doing once offices will open. If I change employer from A to B, what will happen? 2) If I join on receipt to Employer B, will there be any consequences (after or before 180 days)? 3) Do I need to wait till July 2020 (180 days completion) so that Employer A will not either revoke or I maintain the Priority date? 4) Suppose if I join Employer B on receipt, before I get approval (I-797) I should not go out of USA. Will my dependents stuck at India or shall they enter USA on previous/current (not new) 797 of Employer A and their current valid visa (Aug 2021)? Thanks in advance. -- Sun Edited May 27, 2020 by Sun2020 Quote Link to comment
User099 Posted May 29, 2020 Report Share Posted May 29, 2020 Your son will have to wait for the new I797/approval notice from Emp B to take it for stamping. 2,3. If you join new employer now and old employer withdraws the I140 before July, you will loose the Priority date. Its better to wait till the 180 days are over to quit your current job. After 180 days, even if Emp A revokes I140 you can maintain the PD. 4. Its better for your depends to wait till you get the approval and travel back with the new approval notice. Have them carry the new approval notice and show it at POE to get an I94 biased on it. Quote Link to comment
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