Changing job on H1b while I485 is in process

[csuskings]

Hello there, Need immidiate help on my case, I am in dilema for an offer. Below is my case

(1) I am on H1b and first three years of it is expiring in July, but my present employer has file for an extension.
(2) My present employer has file for my PR. My I 140 and Lobor is approved and I 485 filed in last August, its been more then 180 days. I received my EAD card.

Now I am getting an offer from another company for the similar position. I would like to stay on H1b as my spouse is on H4 (We miss the deadline to file for I 485 for her). To my information if I use EAD then my H1b status is void and she can no longar stay with me. The new company is ready to wait for couple of months till my extension petition is approved. They are also ready to file for H1b transfer after approval of extension. The question I have is

(1) If I change the job under AC21 without using EAD and just transfer H1b, will there be any impact on my I485petition?
(2) Do I need to restart my Green card process or I can continue as my I140 and labor with present company is approved and new company I am joining my job profile is exactly same as current one?
(3) What should be the safest bet considering my spouse has to stay on H4.

Need your help urgent.

Thank you very much

 

[TheRealCanadian]

HThe new company is ready to wait for couple of months till my extension petition is approved. They are also ready to file for H1b transfer after approval of extension.

The other option, I believe is to file an H1 transfer now, start working under the portability provisions and then file for an extension right away. Double-check with an attorney and review the AC21 memoranda.

If I change the job under AC21 without using EAD and just transfer H1b, will there be any impact on my I485petition?

No impact.

Do I need to restart my Green card process or I can continue as my I140 and labor with present company is approved and new company I am joining my job profile is exactly same as current one?

You should be covered under AC21.

(3) What should be the safest bet considering my spouse has to stay on H4.

The safest would be to wait for the extension, then have the new company file the H1 transfer. Has your wife filed her H4 extension?