GC in progress + H1B 7th year --> can I change jobs?

[ashwinit]

Hi,

Below is a brief summary of my current status -

• On H1B in US since Oct 2005
  
• GC status - I140 approved with Priority Date June 2011
  
• After completing 6 yrs on H1B in June 2012, my employer filed for a 3 yr H1B extension
  
• So my current H1B and I94 card is valid until June 2015
  

My work situation now -

• I am into consulting, so I travel 4 days every week (monday - thursday)
  
• I had a baby 4 months ago and do not wish to travel anymore. I want to
  
• I don't intend to quit my current job/employer as long as I get to stay and work locally
  

Question - In an event, I lose my job due to my inability to travel or find a new job locally:

• What happens to my GC process?
  
• Will I be able to join another employer on my H1B extension (valid until June 2015)?
  
• If my new employer is ready to file a new GC for me, can we use my existing priority date from my current GC?
  

Thanks and appreciate your inputs!

[aru_27]

I have a friend who is in similar situation.

Here are the answer from my understanding:

• What happens to my GC process? It starts again form PERM filing or better to say recruitment process.
  
• Will I be able to join another employer on my H1B extension (valid until June 2015)? Yes you can
  
• If my new employer is ready to file a new GC for me, can we use my existing priority date from my current GC? Negotiate about filing your GC before changing bcoz sometimes employers are not ready to file GC on day one. Unless you are going to some desi shops. Since you have undergone thru the process till I40 (without any audit, i suppose) who know the much time it takes. Calculate very carefully.
  

I hope this helps.

[pontevecchio]

• What happens to my GC process?
  

The process may end as far as the current GC sponsor is concerned.

• Will I be able to join another employer on my H1B extension (valid until June 2015)?
  

YES

• If my new employer is ready to file a new GC for me, can we use my existing priority date from my current GC?
  

YES

Please discuss your specifics with a Lawyer and soon. Are you able to change to H4 status?

[ashwinit]

Thanks for your responses!

@pontevecchio - yes I have an option to change to H4 status if need be.