AC21 - H1b - PD current - please advice

[gudurusk]

I-140 approved.
I-485 pending more than 180 days, in TX Service Center with Receipt date July 30, 2007. Priority Date Dec 2005 under EB2.
Working for the same sponsoring employer for the last 3.5 years.
On H1b in the 7th year valid upto March 2010.
I got selected for a good job. The new job duties match with the existing one. New employer would also file H1b and I will continue on H1b1 status without using EAD.

Questions:
Now EB2 is current from Aug 1, 2008 onwards.
I would like to invoke AC21 and port my I-485 application to new employer.

It may take another 15 to 20 days to complete all the process and join the new job by Aug 15, 2008. I have to give 15 day notice to the present employer. So, on Aug 1, I will give notice.

1. Is it safe to join a job by Aug 15, 2008 when EB2 is current and any time from Aug 1st USCIS may adjudicate my I-485 application?

2. What would happen if I give notice to the present employer and I-485 is approved before I join new employer.

3. If USCIS does not get my AC21 papers with new G28 and issues an RFE or NOID, even though I hold H1b1, do I become non-status?

Thanks

 

[Jackolantern]

1. I would expect yes ... although you may have to prepare to explain yourself in the citizenship interview for leaving so soon after the approval if hassled about it ... cite your length of service with the former employer, and that the next job was lined up before approval so you weren't just waiting for the approval to jump, you were only using AC21.

2. See #1.

3. They might issue an RFE or NOID even if you send in AC21 papers ahead of time. Just respond to the RFE/NOID if it comes and you'll retain your I-485. And this is only an issue if the former employer asks USCIS to revoke the I-140, which most don't bother to do because they have nothing to gain by doing that. Even if you don't respond and end up losing your I-485, you wouldn't be out of status because you have another H1.