Moving job in 10th year of H1B , with GC pending in second stage

[Engineer1234]

I am on H1B since 2006, and my PD is 2011 under EB2, been with the same employer since 2006.

 

There's a chance of a layoff, or in general, losing my job. My wife is on her own H1B and her company is now filing her PERM

 

In case I lose my job ,what are my options:

 

1. Is this option viable?

 

I move to H4 under my wife's H1B. Assuming my company does not revoke I140, I try to find another job, and then apply for H1B and subsequent transfer of Green Card and hopefully PD is retained. My H1B is stamped till Oct 2018.

[rahul412]

Yes that's possible.

[pontevecchio]

You can shift to H4 status. No transfer of GC. The PD may be retained for a subsequent PERM filing etc. You should discuss the matter in details with a lawyer.