Portability of EB-2 Employment based

[krqkty]

Hi all,
I have another question. My wife filed under EB-2 employment based (filed by the current employer). Her I-485 is pending since August 2007. Now can she move to a new employer if the job is in the same field. If so does she need to apply for an EAD or she can go with H1B filed by the new employer using AC21. My main concern is as her I-140 was sponsored by her current employer, whether she can move with I-485 pending.

Gurus please help.

Thanks

[ginnu]

Originally Posted by krqkty

Hi all,
I have another question. My wife filed under EB-2 employment based (filed by the current employer). Her I-485 is pending since August 2007.
Now can she move to a new employer if the job is in the same field.
------Yes if I-140 approved and I-485 pending more than 180 days.
If so does she need to apply for an EAD or she can go with H1B filed by the new employer using AC21.
---------------She can join with H1 transfer filing or with EAD(H1 transfer is better option)
My main concern is as her I-140 was sponsored by her current employer, whether she can move with I-485 pending.
--------------------------She CAN if she gets same/similar job. she should also invoke AC21 with pending I-485.
Gurus please help.

Thanks

----------