Job Change being on H-1 visa and approved I-140

[PBM]

Hi,

I need help to understand the process and best time to switch Job

Scenario:

1- I am an Indian Citizen
2- I hold a H-1 Visa sponsored by my current employer since Oct 2016
3- I have a approved I-140 under EB-2 category, I-140 got approved in Sep 2016

Question:

1- When is the right time to switch my employer?
2- When Switching employer does my Green card process gets restarted from PERM approval? If yes how to avoid it?
3- Does my wifes H-4 EAD gets affected in case my Green card process restart due to employer change?
4- Does the existing employer have the rights to withdraw my H-1 or Green card (under process) in case i switch ?

[Ganesh23]

When is the right time to switch my employer? After getting I-140 Approved"

I have the same question, "When is the right time to switch my employer? After getting I-140 Approved"

Please help.

Thank you.

[bali90]

1- When is the right time to switch my employer?
>> The best time is never. Stick with the employer until you get your GC. You may leave your employer within days of your I140 approval but make sure they don't revoke your I140.

2- When Switching employer does my Green card process gets restarted from PERM approval? If yes how to avoid it?
>> Yes. It starts from perm. There is no way to avoid it, except applying through the EB1 quota which does not need a Perm and labor certification.

3- Does my wifes H-4 EAD gets affected in case my Green card process restart due to employer change?
>> Your wife's EAD is valid as long as you have an approved I140 and are in H1 status. I am not sure if she needs a new H4 and/or EAD once your H1 employer changes. Best to ask an attorney. Good question.

4- Does the existing employer have the rights to withdraw my H-1 or Green card (under process) in case i switch ?
>> Yes they do.