GC process while H1 - H4 - H1


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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


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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.

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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)

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