EB-3 Engineering Firm to EB-2 Finance firm. AC21 Portability


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I work for firm A as a product engineer position (position 1). Firm A filed my PERM (EB-3 category) on April 4, 2016 which will be my priority date (PD1). I am currently 3.5 years in my H1B. I should be getting my I-140 approved by April 2017  when I will be 4.5 years in my H1B.  After April 2017, I plan to apply for my wife's EAD which I should be getting latest by June 2017.


Situation 1

- I get a new job in July 2017 with Firm B, and its a Senior corporate Finance position.

- The requirements are a Masters Degree (MBA in Fin or M.Fin) and a few years of experience.

- I satisfy both the requirements as I upgraded my skills by gaining a Masters in Finance during the period firm A had filed my PERM for the product engineer position.

- I will ask firm B to start the H1B transfer (i-129 filing process) immediately after I get an offer letter before I quit my position in firm A.


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.


In this case,


1. can I use PD1 and start working for Employer B? The job requirements for position 2 are different than that for position 1 for which employer A had filed the PERM and got an approved I-140.


2. Can my spouse retain her EAD, as long as employer B files PERM immediately after I join?


3. How does the H1B transfer work in the case I140 is approved in the 5th year of H1B. Does the firm B get to extend it only till the 6th year maxes out or can it extend it for 3 years from the joining date since my i140 is approved!

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