I-140 worth the cost?

[naga2054]

Hi,

 

Myself and my wife both are on H1b. My employer is laying me off giving me an optional severance package that gives me a change at getting my I-140 approved. The opportunity cost of which is 35K USD for me. I have another 2 yrs remaining on my H1b. 

 

I want to know what advantage will i be receiving by getting an I-140. 

 

 -  Can i change employers indefinitely if i maintain the same profession?

 -  Can i get unlimited H1b extension (until priority date becomes current)?

 -  Suppose after 2 years, i go to india and want to return back on H1b . Will i be cap exempt?

 - Suppose i move to H4 for another 1 year and want to move back to H1b with a new employer. Will i have a chance?

 

Any informed help greatly appreciated.

[Attorney_15]

The approval of an I-140 does not impact whether or not someone is or is not subject to the H1B cap. It could provide some benefit in the form of a basis for H1B status if one is not subject to the cap but it can also be revoked by the petitioning company at any time without notice to the beneficiary. Someone in this situation of debating whether to seek adjudication of the I-140 might benefit from talking with an attorney to get specific advice based on the particular facts of that person's situation.