I-140 Approve- Changing Job when H1 Premium is suspended and H4EAD

[PaulShaw]

Hi,

 

here is my situation by June 1st and would appreciate the correct legal response to proceed on this.

 

My Current Employer got my H1 extended after 6 years term using my current I-140 approved notice and its now active until Nov 2017. I am in my 7th year in H1 now.

 

My Current employer planning to lay me off in a month due to restructuring. So If i need to transfer my H1-B in early July 2015 and to initiate my GC labor again from new employer, what are my options given

 

1) US Immigration has suspended H1-B extensions through premium until July 27th and so I cannot get my H1-B approved soon.

2) Once I am out of my current employer , my current employer will cancel my H1 and also may or may not revoke my I-140. 

3) I am filing H4 EAD for my wife next week with the current I-140. 

 

What I need to do if my current employer revokes my I-140 before my H1 Transfer gets approved since I have to go in the normal mode which will take 3-4 months?

Can my H1 tranfer still gets approved with the remaining days of my current H1 or it will be rejects because my I-140 got revoked in the middle?

 

What happens for my H4 EAD which is also will be in pending for couple of months and if my employer revokes my I-140 in July.

 

What should I need to do if I need to avoid any of the issues above and get my H1 transferred and to get my wife's EAD approved without any issues due to revokation of I-140  while these applications are pending

 

Appreciate your valuable comments on my crisis state.

[livliv]

The most important thing is finding a new job before last day of work at the current job. New H1B must be filed (receipt notice date) before last day of work at the current job.

Next important thing is to request the current employer to hold off revoking the I-140 at least until your H1B transfer is approved. With normal processing, it should  take 2 to 3 months. Push hard on this point, and most reasonable employers will agree to it.

Unfortunately, if I-140 is revoked it is possible that H1 transfer will be denied and there is nothing you can do in that case. Remember that the current employer is required to pay for your ticket to home country.