PD Portability and H4 EAD Status


davidjones

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I will elaborate my current situation. I am with employer A, and currently holding an approved I140 (approved October 2015). I maxed out December 2014, and My PD is of September 2013.

My question is if I change my employer and go to employer B, how would it impact the PD as well as my spouse's H4 EAD? I will anyways wait until May 2016, to ensure 180 days after I140 has passed, and by that time my spouse's EAD should also be renewed (currently in received staus by USCIS).

 

I understand the following -

(a) Employer B need to start the PERM process immediately after I join.

(b) Employer A will revoke I140 (by policy) within 60 days of me leaving the employer.

 

If I may rephrase the questions aagain -

(a) Can I retain my old I140 PD approved through employer A, after new PERM is filed by employer B?

(b) Since I have already maxed out (completed 6 years in USA), even if employer A revokes I140, can my spouse retain her EAD, as long as employer B files PERM immediately after I join?

 

Appreciate a response !!!

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