Can I change job and field and maintain my I 140 Priority date?

MattSimon

New Member
My first H1b was approved in 2016, so this is my 5th year on h1b. My I-140 petition is approved in 2019. I am from India and priority date is not current right now.
Currently, h1b in extension in under process in PP from current employer A.

I have job offer from another employer B in the different field (similar job). I will only move to employer B after both H1B approved in PP.

But my concerns are following

1. Will I be able to maintain my priority date as field is different and job will be slightly different ?
2. How much time will I have to file new PERM and I-140 ? As new employer does not find PERM immediate ?
3. Another things I should watch out for?
4. My wife has H4 EAD, will she lose EAD?
 
1. Yes
2. There's no time limit, but if your employer delays the process by too long, you may have trouble with getting further H-1B extensions. You are only eligible for 3-year H-1B extensions beyond the 6th year as long as your priority date is not current. You are only eligible for 1-year H-1B extensions beyond the 6th year if you file an I-485 within 1 year of your priority date becoming current.
4. No
 
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