Switching employer on H1B transfer and also have EAD?Is AC21 Invoked?

[san27geet]

I am working in company A since 5/2002. PD is 12/2002. I-485 RD is 6/13/2007. So 180 days gets over on 12/13/2007. Have EAD and also current H1B expires in 12/2009. I have requested the new employer company B to transfer my H1B. This is based on readings in the forum and also lawyer recommendation to go that path instead using EAD. Now my question is in this scenario is AC21 invoked? If not then when and how it is invoked? If invoked then what is the purpose of EAD? My understanding is if AC-21 is is invoked then that means applicant has switched job based on EAD and not on H1B. Also if I switch based on H1B then what impact is on my ongoing GC process.
Thanks

 

[TheRealCanadian]

Now my question is in this scenario is AC21 invoked?

Invoking AC21 has absolutely nothing to do with whether you use your H1 or EAD to switch jobs.

My understanding is if AC-21 is is invoked then that means applicant has switched job based on EAD and not on H1B.

No, AC21 is invoked when the applicant no longer wishes to work for the sponsoring employer on becoming a Permanent Resident, and wishes to work for another employer. Whether they switch jobs using an H1, L1 or EAD (or are employed at all) is completely orthogonal.

 

[san27geet]

No, AC21 is invoked when the applicant no longer wishes to work for the sponsoring employer on becoming a Permanent Resident, and wishes to work for another employer. Whether they switch jobs using an H1, L1 or EAD (or are employed at all) is completely orthogonal.

Great! Thanks. That is what I was concluding. So if the applicant switches to another job (B) from the GC sponsoring employer(A), the applicant always have to invoke AC21 if he/she will not work for A. Switching on H1B instead EAD is only to have an option of not getting out of status (if I485 is denied) or to file another GC process. Correct?

 

[TheRealCanadian]

Switching on H1B instead EAD is only to have an option of not getting out of status (if I485 is denied) or to file another GC process. Correct?

More or less. You don't necessarily need to switch on an H-1B if you want to file "another GC process"; it's situation-dependent.

 

[san27geet]

More or less. You don't necessarily need to switch on an H-1B if you want to file "another GC process"; it's situation-dependent.

I am not going to file for another GC as I will be invoking AC21, but just if something unfortunate happens.
OK just a remote scenario. Though I do expect my PD to be current sometime next year, but say if it doesn't happen next or even in year 2009 and then in 2009 can I still extend my H1B with my then existing employer (assuming with every employer switch I am trf. H1B and also executing AC21) Is that a correct assumption? OR if not then I have to use EAD. Also if spouse is working on EAD, the EAD gets renewed every year. Correct?