AC21 < 180 days case suggestions/opinions

Hi all:

Center:VSC
PD: 12/15/1998
RD: 8/24/2001
ND: 10/15/2001
EB2

My employment has been terminated this week, 5 months after filing I-485. My employer is planning to notify INS to cancel my H-1 but is not going to cancel my I-140. I will be getting severence pay (as a regular paycheck) for the next 2 months however I will not be on the company\'s payroll.

I found another job via a desi bodyshop. The client is a respectable firm but the body shop itself is a desi small timer . The deal with the client is to work as a contracter via the body shop for 6 months and then move in as a full-time employee. My previous job for which GC was filed was a full-time R&D type of role in a fortune-500 company.

I got my FP notice but postponed it. Yet to get the new dates.

Questions:

1. Does the INS view people who work for desi body shopping houses after working for a fortune-500 company as a full-time employee suspiciosly ? Especially using the AC21 rule.

2. The desi company is willing to sponser my H-1. Should I go for an H-1 transfer or work on my EAD ?. Will doing an H-1 transfer trigger the INS that I have changed jobs.

3. Can I use severence period towards the 180 day calculation. Although my company plans to inform INS about my termination.

4. Going forward what response should I expect from the INS.

5. Can anyone suggest the best course of action for me..

Thanks in advance

PR
 
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