Is new i140 required after H1B transfer

USA H1B Visa
1

Date: 14-Dec-2021
Hi,

I worked for a Company A and I140 (EB2 India) is approved my Priority date is 11-Dec-2017.
I transferred to Company B and currently working here at Company B. My I140 (EB2 India) approved again on 01-Jun-2020.
Now I am planning to transfer to Company C where my spouse (I140 EB2 India) approved is also working in Company C. Her priority date is 03-Sep-2020.
Company C is not willing to process my green card as they already sponsoring my spouse.
I want to understand the impact of Company C not filing my GC.

  1. Do I get extensions till my Priority date is current?
  2. Once my priority date (11-Dec-2017) is current and my spouse priority date (03-Sep-2020) is NOT current, And this Company C did not file my green card, Do I get extensions till my Spouse Priority date is current?
  3. Once my priority date (11-Dec-2017) and Company C did not file my green card, Am I eligible to go Company A or Company B to file for adjustment of status?

Please help.

Thanks
Vamsi

2

Yes, you may be eligible for AC21 extensions beyond 6 years of H1B term, if your I-140 had been approved for at least 180 days before your employer may have withdrawn after you left.

There are several options if you will be with company C when your PD becomes current and they didn’t initiate the PERM process for you.

  1. You will need to switch to H4/EAD (assuming your spouse will still be maintaining H1B status with approved I-140) to be able to continue working after your PD is current.

  2. If your old employers who filed your I-140 haven’t withdrawn the petition, you can talk to them if they can still sponsor the GC job for you, if yes they can file AOS for you. You may pay the fees on their behalf.

  3. Switch to a new employer who is willing to file your GC before your PD gets current.

Yes!