i-140 and EAD query for H1B

[bopramod@gmail.com]

Sir(s),

 

Kindly review the following details and advise accordingly.

 

1. I am currently holding valid H1B till 2017 and an approved I-140. ( EB2 category )

2. My spouse has valid EAD and holds H4.

 

Query:

(a) If  I change my job ( different employer ), what will happen to my approved I-140?

(b) Can my wife continue to work with EAD she has now or should stop working?

© Does the new employer have to file my GC petition again?

(d) Does the new employer can file in EB1 category?

 

Please help.

 

Thanks,

PB

[Jyothis]

(a) If  I change my job ( different employer ), what will happen to my approved I-140?

One of two things can happen in the most cases - your employer who filed it can revoke it or just leave it alone. I think if it is not revoked for fraud reasons, you can still use the priority date for your next GC process.

 

(b) Can my wife continue to work with EAD she has now or should stop working?

I think she should be able to continue, but best checked with an attorney.

 

© Does the new employer have to file my GC petition again?

Yes, under the current laws, your new employer will need to re-file from scratch. However, you may be able to retain the priority date of the original filing, so you shouldn't lose your position in the long queue.

 

(d) Does the new employer can file in EB1 category?

If you and your offered position qualify for it, sure. 

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1