H1B to H4 to H1B (using approved I140)

[Ranveer_Singh]

I'm currently in the 10th year of my H1B with an approved I140 (approved 3 years ago). My green card was filed in EB2 category and my priority date is Jan 2012 (India). My wife is also on H1B and her employer has recently started her green card process (still in PERM stage). Can you please answer the following questions?

 

1) If I were to loose my job before my wife's I140 gets approved, can I apply for a change of status to H4, and once it is approved, find a new job and change my status back to H1B on the basis of my approved I140 from my previous employer (assuming that my current employer doesn't withdraw my I140)? 

 

2) If I were to loose my job after my wife's I140 gets approved, can I apply for a change of status to H4 with an EAD, and once they are approved, find a new job on H4-EAD and change my status back to H1B on the basis of my approved I140 from my previous employer (assuming that my current employer doesn't withdraw my I140)?

 

The reason for changing my status back to H1B in both scenarios is to be able to apply for a green card with my new employer and recapture my priority date of Jan 2012. Instead, in the later scenario, is it possible for me to continue working on H4-EAD and find a new employer who can apply for my green card and recapture my original priority date of Jan 2012 while I'm still on H4-EAD?

[jairichi]

1. Yes.

2. Yes.

 

PD is lost if employer revokes I140.