i140 approved- Job change before 180 days -Priority date

USA H1B Visa
1

Hi

My i140 is approved on April 2016. H1b Valid till Jun 2017.I have a job offer from a company.

If i change employer,

  1. Will i get 3 years in my H1B from when it was transferred.

  2. Will I get to retain April 2016 as priority date, even if my current employer withdraws i140 in a month or so. There is some proposed rule. do you know about it?

  3. Can i use the i140(assuming it was not withdrawn) to get H4 EAD for my spouse.

Thanks

2

  1. Your employer can request 3 years and USCIS will approve the same based upon submitted information

  2. You should be as long as the new job is similar to current.

  3. Yes

3

Thanks Saurabh. On the point 2
I am moving to a new company that is offering me a job with different title.
My current title is “Architect” , the offered title is “Senior Engineer”.
The job description has some differences as well as I am moving from consulting to full time. I have reasonable experience in IT industry(11yrs) with different technologies. Do this have any impact on PD portability?

4

It is better for new employer’s attorney to look at the 2 profiles and comment whether the PD can be ported or not.