i140 approoved, H1B remaining, EAD validity

USA H1B Visa
1

Hi-

I have my i140 approved, My H1b is valid till Nov 2016. I have a offer for a better job, My spouse had taken EAD based on the i140.If I quit and join the new company, Could you let me know on the below

  1. After H1B transfer, how long will I get H1B for

  2. Will My spouse’s EAD be valid and can she continue working

Thanks

2

You haven’t mentioned how many years have you already spent inside US on H-1.

  1. Usually you get it for the term your new employer requests which is 3 years. It could be lower if USCIS determines the same based upon review of submitted information and documents. As you have an approved I-140, your new employer can request a 3 year term even if you are close to 6 year max

  2. EAD is not impacted and remains approved as your I-140 is approved. I assume your new employer will also commence GC process and get their own I-140 approved.

3

Saurabh-
I have completed 5 yrs… in Nov 2016 I will complete 6 yrs.
Can my new employer request for 3 yrs still?
Also new employer will start the process only after 6 months. Will my spouses EAD be valid after quiting my current employer

4

EAD will remain valid based on current approved I-140. New employer can also request 3 year extension based on current approved I-140.