8th year of H1B, Approved I-140 from previous employer

konquistador

New Member
Hi All, here is my situation:
a) approved I-140 from my previous employer(Employer A) in my 6th year of H1B.
b) Was offered a Full Time and the new (Employer B) transferred and applied H1-extension for 3 more years based on I-140 from previous employer A.
c) Since then Employer B did not start my GC processing, whenever they wanted to start my PERM, they do Layoff Analysis and get stuck there.

Since i am in my 8th year now, i am worried the new Employer B wont even start my GC till 9th year.

what are my options?

1) Can the new 'Employer B', get a second H1-B Extension for me based on I-140 from 'Employer A'?
2) In the meantime I heard Eb2 dates are moving ahead, if the dates become current , can my Previous 'Employer A' file for my EAD? or do i have to be a current employee for them to file my EAD?


Any advice is appreciated?

Thanks,
Kon
 
As long as I-140 is in approval mode from Employer A, you can choose to extend H-1B from different employers. You will be out of luck if Employer A chooses to withdraw approved I-140 AND if priority date is current you need to get job offer letter from Employer A to file I-485. You dont need to join Employer A. You can file EAD/AP based on filed and pending I-485
 
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