H1 Job change while spouse in india and GC related Questions

[murthy13]

Hi,

I have been in USA for almost 4 years, three months back only my employer changed my visa status from L1b to h1b. mean while my self & wife went to india for vacation and we both did stamping together (New H visas valid till mar 2014), but my wife is india and will be coming after couple of months.

Currenlty i am looking for job change, there are some questions for which i am looking for answers

1) if i change a job before my wife come here, does she require new stamping again with new employer ? though she has dependent stamping of my current employer?

2) when new employer hires me, how long it will take for them to do new visa transfer? till then should I retain myself with current employer?

3) since i almost completed 4 year in US, do i need to go back to US after 6th year? if i moved to differnt employer. how many year i can extend my visa status with new employer.

4) Currently my GC I 140 has been approved(EB3 Category) with priority date as march 2011. Can i use this same priority date in future with new employer? with same or differnt category?

5) is there any chance for my new employer to file a GC in other categories? i have 3 year bechelor (regular) and 3 year masters degree (Distance Education) and my new yearly package definetly going to higer than 83K. are these eligible for me to get into differnt category? (when i filed Gc with current employer, i was getting lower than mentioned 54k salary)

[pontevecchio]

1. No. But she needs the latest H1 approval. 2. Ask them. PP will take about 3 weeks. Join them only after approval. 3. Time in L1 plus H1 status is 6 years in total. 4. Based on an approved I-140 you can get 3 year H1 extensions in future with any employer as long as the I-140 is not subsequently revoked. You retain the PD in the absence of fraud.5. That depends on an educational evaluation and job requirements.