Unique situation: Husband-Wife both have separate I-140, H1B 7th year

[hanuman_chalisa]

Below is unique scenario:
==================
Husband-Wife both on H1B, both work for DIFFERENT company, both have finished 6 years of H1B and both have I-140 approved. Unfortunately , priority date is not current for both.

Wife's priority date is BEFORE husbands.

Husband works as contractor and is severly underpaid. Now that he will have 3 years extension on H1B as he has applied after I-140. Can he join a new company, once he has 3 years of H1B extension approved?

Will new H1B be valid for 3 years? Hope is, wife will get GC in couple of years.

 

[ginnu]

Below is unique scenario:
==================
Husband-Wife both on H1B, both work for DIFFERENT company, both have finished 6 years of H1B and both have I-140 approved. Unfortunately , priority date is not current for both.

Wife's priority date is BEFORE husbands.

Husband works as contractor and is severly underpaid. Now that he will have 3 years extension on H1B as he has applied after I-140.
Can he join a new company, once he has 3 years of H1B extension approved?
----------------He can but employer may revoke I-140 and then GC process has to be with new employer from GC
Will new H1B be valid for 3 years?
-----------------If I-140 is approved and employer/lawyer ask for 3 year extension then 3 year Ext can be approved
Hope is, wife will get GC in couple of years.
-if her PD is early then you then you can file dervative I-485 when she file her I-485

-------------

 

[hanuman_chalisa]

ginnu, thanks for response.

What i don't get: Husband's new H1B will be valid for 3years. Meaning, even if old employer withdraws I140 and H1B, how does it matter? Assumption is, within these 3 years wife's priority date will be current.

 

[ginnu]

ginnu, thanks for response.

What i don't get: Husband's new H1B will be valid for 3years.
--------------dont post like that post your info. I am on H1 till.... my I-94 is valid till.... My I-140 is approved on date... or filed. My employer is going to file H1 extension.
My question is:

MY detals are below"
......


** dont mix your wife case details with Your details if you want to post her details then post :
She is on H1 status her I-94 is valid till........
her LC is filed or cleared, her LC filing date or PD is...
Her I-140 is filed or is approved on date...
Her full case details are...
Her question is......

Meaning, even if old employer withdraws I140 and H1B, how does it matter?

-if X is working with employer A on H1 status and X has I-140 approved through employer A and employer A file H1 extension for X for 3 years and that gets approved and then X want to join B and B file H1 transfer then X will get the H1 transfer approval. If B file H1 transfer with premium processing and H1 transfer gets approved then even if employer A revoke I-140 the H1 approval of B will be valid till approval date. Better to file H1 transfer through B with premum processing Before the I-140 gets revoked by A.

QUOTE]
----------------