GC process while H1 - H4 - H1

[rani1876]

My situation -

Spouse (on H1) has an approved I-140 with me (on H4) as dependant on I-140.

I plan to get a job and move on to H1.

If my husband later goes on H4 for a short period of time (on my H1):

- And if he files H1 with same employer, will he need to start GC process all over again or just file 485 when current?

His employer will not revoke the I-140.

Pls guide

Thanks

[Joe.F]

If his employer doesn't have a job for him anymore, his I-140 can not continue.

[SameerH1Bworker]

If your husband is primary in GC process & if he has only PERM & I-140 approved but not filed I-485 yet and if he changes the company then YES HE HAS TO START ALL OVER AGAIN - PERM, I-140 with new employer. However, he can retain PD.

If current employer is ready to continue his GC process(as GC is for future employment) then he can transfer H1B & still continue GC process with previous employer.

[rani1876]

Thanks for the responses

Sameer - In the second case, when you say "Continue" the GC process, does it mean that only 485 is pending. PERM and 140 will not be required again if he transfers/gets new H1 with original company who applied his GC.

Pls guide (anyone)

[Belle]

If the employer who filed I-140 for him still has the job offered, he is eligible for the green card. His status is irrelevant for that (as long as he has some status, since he needs that to file I-485).