Using existing EB2 NIW I-140 after employer change for H-1B extension and H-4 EAD

[nikhilkodit]

Hello everyone,

I am looking for some guidance based on similar experiences.

I am an Indian national currently in my 4th year of H-1B. I have an approved EB-2 NIW I-140, which was filed last year with my employer as the petitioner. My current H-1B is valid until November 2027. Since I am from India, I do not plan to file I-485 anytime soon.

I am considering changing my employer in the next few months and had a couple of questions:

1. When I apply for my H-1B extension in 2027 (beyond 6 years), can I use my existing approved EB-2 NIW I-140, or will I need to refile a new EB-2 NIW/I-140 with my new employer for the H-1B extension?
2. I am also getting married next year, and my wife will be on H-4 status. If I switch employers, will there be any issues for her while applying for H-4 EAD using my existing I-140 approval?

I understand that this is not legal advice, but I would really appreciate hearing from anyone who has gone through a similar situation or has insights on how USCIS typically handles these cases.

Thank you in advance for your help.