485 pending , leaving company

[puja101]

Hi Gurus,
I have lately got 3yr H1B extension based on I140 approval as I had completed my 6 years term. I have not used EAD which was issued in 2005 bcoz my spouse is on H4. My priorty date is June 2005 in EB2 category and my I140 was approved in Nov 2005. Now I planning to switch company and new company is going to transfer my H1B visa.I have following questions running in my mind
1. Do they(new company) need to invoke A21 ?
2. Can my current company revoke my L/C and I140?
3. Also what precautions I need to take before I submit resignation?
4. If I ask new company to file my concurrent H1B instead of H1B transfer. Can new company still sponsor my GC?
Will appreciate you suggestions/comments

Many thanks!

 

[TheRealCanadian]

1. Do they(new company) need to invoke A21?

No. You need to invoke AC21.

2. Can my current company revoke my L/C and I140?

The previous employer can withdraw the I-140. At that point, USCIS will issue a Notice of Intent to Deny and you will need to respond within 30 days claiming AC21.

3. Also what precautions I need to take before I submit resignation?

Ensure that your attorney is listed on the I-485, not the former employer's.

4. If I ask new company to file my concurrent H1B instead of H1B transfer. Can new company still sponsor my GC?

How the company does the H-1 (or even if they do one at all) makes no difference whatsoever.

 

[puja101]

Thanks for clarification! Can somebody tell me when invoking AC21 , do I have to provide list of job duties with AC21 or new employer just write a letter that says job is similiar to previous one. Will appreciate

 

[Jarhead]

do I need to file new I-140 with the new company.

If the first company withdraws the original I-140 petition, do I need to file a new I-140 with the new company that I'm joining with,

 

[seebeyond]

If the first company withdraws the original I-140 petition, do I need to file a new I-140 with the new company that I'm joining with,

No you don't.

But please be respectful. This is someone's else thread, open yours if you have questions.