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Job change with I-140 approved and 6 years completing on H-1B

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  • Job change with I-140 approved and 6 years completing on H-1B

    Hello experts,

    I need your advice on the following scenario:

    Situation:

    1) GC applied by current employer in EB3 category with PD of March 2013 and I-140 just approved few days ago
    2) Current H-1B completing six years in November 2014 but the current employer has applied for extension (just applied not approved yet) for three years based on approved I-140
    3) My wife was on H-1B but her six years completed in October 2013 and applied for H4 COS in October 2013 which is yet to be approved by USICS
    4) My wife's H4 extension has also been applied along with my H-1B extension. Noted in her extension is that her original H4COS is still pending with USICS

    Questions:

    1) I have got a job offer from other employer. Can I change my job given that my I-140 has been approved? they are offering to refile in EB2 and say that i can retain my PD.
    2) Will my wife's status of pending H4 COS affect my changing of jobs?
    3) Will I have to wait till my H-1B gets extended beyond six years by my current employer before changing jobs?

    Please help

    Vijay

  • #2
    Job change with I-140 approved and 6 years completing on H-1B

    If it's me, I would convert to premium, get the decision in 15 days ( mostly h4 extension would get decision along with H1) .

    This is my opinion.

    Comment


    • #3
      Originally posted by kadkhiq81 View Post
      If it's me, I would convert to premium, get the decision in 15 days ( mostly h4 extension would get decision along with H1) .

      This is my opinion.
      My employer will not process in premium. Is it going to be a problem?

      Comment


      • #4
        Job change with I-140 approved and 6 years completing on H-1B

        It's general to avoid multiple application with USCIS when the petition under processing as it would cause lot of confusion.

        This is my opinion.

        Comment

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