Employer change after I140 approval

[santhosheie]

I received I140 approval with Employer A and planning to switch my Employment with Employer B. One year left with 6 years of H1B Cycle.

 

1. If Employer A revokes I140 petition during H1B Visa Transfer process with Employer B; Am I eligible for 3 years of Visa extension with Employer B?

 

2. If Employer A revokes I140 petition, still can I use Employer A’s Priority Date for Green Card process with Employer B?

3. Assume, USCIS approves one year validity with Employer B H1B visa transfer and Employer A revoked I140 petition. In that case, Employer B applies for PERM after 4 months of joining and haven’t received its decision till completion of one year Visa period or in RFE status. Then, should I move out of the country and not eligible to work in US, until, I receive PERM approval from Employer B (As, I would have completed 6 years of H1B visa cycle)?

3a. (Another question related to Question 3 scenario) Will I get a year extension, if PERM has been approved within 1 year Visa period (if PERM was applied during 6^th year H1B of Visa period)? Or PERM has to be applied before end of 5^th year of H1B cycle to avail a year extension?

4. After completion of H1B Visa Transfer process with Employer B (assume, Employer A revoked I140  petition). Planning to get married in 6 months. Whether my spouse would be able to start working under EAD process after 6 months using Company A I140 petition approval (assume, Employer B hasn't applied PERM yet). If yes, Company A I140 petition should not be revoked?

 

5. Assume, Employer A haven’t revoked I140 petition, Employer B applied I140 petition, should old I140 should be revoked?

6. Employer A haven’t revoked I140 petition, then, how long that I140 can be valid?

7. Whether I can apply I-485 immediately after I-140 approval, even though my priority date is not current?

8. Is it mandatory to revoke I140 petition by an employer, if its employee moves out of that company?

 

[jairichi]

1. No.

2. Possible but not guaranteed.

3. Approved PERM gets you no extension.

4. If I140 is active then the answer is yes.

5. No.

6. Indefinitely.

7. No.

8. No.

[santhosheie]

Thanks much for your reply.

 

Just a question.

 If Employer A does not revokes I140 petition during H1B Visa Transfer process with Employer B; Am I eligible for 3 years of Visa extension with Employer B?

[jairichi]

Thanks much for your reply.

 

Just a question.

 If Employer A does not revokes I140 petition during H1B Visa Transfer process with Employer B; Am I eligible for 3 years of Visa extension with Employer B?

Yes.

[santhosheie]

Thanks again :)