Change of employer with approved I140

[ppuriggappa]

Hi,

 

My husband has an approved I140 with his current employer. His client is offering a FT but is willing to file for GC only after 1year. He has only 1.5 years left on H1B. We are little hesitant because of this. Could someone please answer our questions.

 

1. When the new employer starts the GC, does it have to start from the beginning, i.e, with LC, then I140?

2. Do we get to keep the PD?

3. Does the current I140 need to be active in order for the new GC filing to keep the PD?

4. Can he get extensions beyond 6yrs based on approved I140 from previous employer?

5. For the above question, what happens if the previous employer withdraws the I140 meanwhile?

 

Kindly help us with the answers. I am planning to move to EAD with his approved I140. So, it will very important for us to make the right choice.

 

 

[rahul412]

1. When the new employer starts the GC, does it have to start from the beginning, i.e, with LC, then I140?

2. Do we get to keep the PD?

3. Does the current I140 need to be active in order for the new GC filing to keep the PD?

4. Can he get extensions beyond 6yrs based on approved I140 from previous employer?

5. For the above question, what happens if the previous employer withdraws the I140 meanwhile?

1. Yes

2. Yes

3. AFAIK, no.

4 only if that I140 is active

5. Nothing, cannot get H1 ext if I140 is revoked.