{ "media_type": "text", "post_content": "Visa question: wife on H4EAD for past 2 yrs, was on H1b before that and has approved I140 since 2014, employer ready to sponsor h1. Does the employer need to file i140 again for H1b or can use previous i140 for the change of status from h4 to H1b?", "post_id": "5eeb8bc0fc4d510028c81ea7", "reply_count": 9, "vote_count": 1, "bowl_id": "5abc4bc7cf9bd00013107acd", "bowl_name": "Global immigration " }

Visa question: wife on H4EAD for past 2 yrs, was on H1b before that and has approved I140 since 2014, employer ready to sponsor h1. Does the employer need to file i140 again for H1b or can use previous i140 for the change of status from h4 to H1b?

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As much as I know, the new employer can file h1b based on the I-140 of the previous employer.

The employer may be able to use her past H1B slot without going thru a lottery. In any case new employer has to file the perm and I-140 before the new H1B expiry date. Only previous priority date can be used for I-140 but filing still needs to be done

Correct

they can use the past 140 for COS but they have to refile her perm and 140 once she joins the firm.

MA1 - will do that she is here and working with the firm

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