i140 approved- Job change before 180 days -Priority date


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 Can i use the i140(assuming it was not withdrawn) to get H4 EAD for my spouse.


  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

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?

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