After 6 ys of H1B, AC21 + H1 with a new company

[centerq]

I've read many posts in this forum regarding EAD vs H1B when using AC21.

My situation is my 6yr H1 has expired, 1yr H1 extn pending, 140 approved, 485 pending more than 180 days.

Now if I decide to work for a new employer using AC21, but prefer not to use EAD, How can I retain my H1 status with the new employer, while waiting
for the 485 results. Any help appreciated..

 

[GotPR?]

It's irrelevant to AC21 or 6th year. You only have common H1 transfer issue. You have passed 6 years and now working based on pending H1 extension. Let's say you are working at company A, and filed transfer to B today.
If A cancelled your extension because they somehow came to know you are applying for trasnfer with B or whatever reason, your transfer petition to B will be automatically invalidated. To overcome bridging issue in this case, both of A's and B's petition must be approved. As you are on AOS pending, there is no serious issue in terms of legal presence, but you may need to use EAD.

 

[centerq]

Thanks GotPR for the response...

When I apply for a H1 transfer to company B, from my knowledge, for my situation i can go for any one of the following
i)1 yr extension based on 365 day labor
ii) 3 yr extension based on approved 140

Correct me if I'm wrong...

Also is the H1 application receipt sufficient enough to change jobs..(I've heard that the receipt is sufficient enough, if i changed within the 6 year limit)

 

[GotPR?]

YOu can do 1 year extension or 3 years extension if you are affected by retrogresion.
You can start working for new company once you get receipt.

 

[centerq]

Thanks again for the response..

When I transfer my H1 to company B, will the approved H1 (either the 3year H1 based on retrogression, or the 1 yr H1 based on 365 day labor rule) have a valid I94... or should I have to go out of the country to get a new one.

 

[GotPR?]

Thanks again for the response..

When I transfer my H1 to company B, will the approved H1 (either the 3year H1 based on retrogression, or the 1 yr H1 based on 365 day labor rule) have a valid I94... or should I have to go out of the country to get a new one.

If your "transfer" is approved, you'll get I94. If they denied transfer in the US, you need to travel. As long as you maintain your H1 status, they will issue I94.