H1B I140 approval looking fulltime job

[mborkar]

Hi ,

 

I have some questions as per below, could you please help me on that, i am really appriciated.

 

My Sponser company ABC file my H1b extension and also same company file my labor and I140 under EB2 cateogry (Green card). Both are approved. i got my extension till Aug 2018 and my labor and I140 is approved. i came to USA in 2011 and till my above date Aug 2018 i will be completing 7 years. My priority date is Aug 2012 , now my question is

 

1. I am looking for fulltime job because i want to settle same place and new company xyz offering me fulltime position then can i accept that?

 

2. If yes, then New XYZ company transferred my h1b extension and process my green card in under eb2, if my new company file the papers everything and just assume my h1b transfer is done and also my labor and i140 is approved with new priorty date. Can i port my old priorty date to new one?

 

3. My previous company can cancel my approval I140 because of i get new sponseror.?

 

Please advice me what should i do because in my home i am only earning and 3 people are dependance on me.

 

Please let me know the answer as earliest possible.

 

 

 

[jairichi]

1. Yes.

2. Recently an attorney in this forum had mentioned that in some cases they were not able to retain PD for clients if employer had withdrawn or revoked I-140.

3. Yes, they have the right to do so.

 

Look at H4 EAD for your spouse.

[rahul412]

1.That's up to you

2. Yes

3. Yes

[ashuneel]

1.Yes you may accept new position.

2.Yes you can port priority date.

3.Yes your previous company can cancel  I-140 at any time for no reason at all.

 

Only you can decide what action you need to take based on your situation.

[mborkar]

if my I140 cancel my previous company then still i can port my priorty date with new I140?

[jairichi]

if my I140 cancel my previous company then still i can port my priorty date with new I140?

An attorney had mentioned that they have seen instances when PD was not retained due to withdrawal or revocation of I140.