i-140 and I485 issues when changing employers!! Help!!

[shuurik]

I have recently received certified labor certification from DL. I want to apply for I-140 but here is the dilemma. It took them 3.5 years to process LC and I have made my mind to look for another job. I am in the process of looking, and I received this approval.
My intentions were to apply for a new H1B (not transfer) so I could be still employer with Employer1 while working for new Employer2.
Now, the LC was approved from Employer1 for a full-time position. I can apply now for I-140 with all the supporting documentation on a full-time basis (still employed full-time). But if I change jobs and I apply for I-485 when my PD becomes current from the Employer1 - my lawyer says it will not be approved because I should be employed full-time as the LC states. However on another forum someone said that I DO NOT have to be employed by the sponsoring company, since this application (green card application and LC) are for a future job, not current job. But if that's true, do they request for pay stubs and match it up with the LC? I am very confused.

My ideal situation would have been after applying for I485 and waiting for over 180 days I would change it to the new employer in the same industry and similar position, if I could.

I don't want to lose my PD either - I waited for so long....

Please advise me on this situation,

Thanks a lot,

 

[ginnu]

I have recently received certified labor certification from DL. I want to apply for I-140 but here is the dilemma.
---YOU dont apply I-140 it is employer who file the I-140 based on LC

It took them 3.5 years to process LC and I have made my mind to look for another job.
I am in the process of looking, and I received this approval.

My intentions were to apply for a new H1B (not transfer) so I could be still employer with Employer1 while working for new Employer2.
----------- I think you mean to apply H1 extension based on pending LC
Now, the LC was approved from Employer1 for a full-time position.
I can apply now for I-140 with all the supporting documentation on a full-time basis (still employed full-time).
But if I change jobs and I apply for I-485 when my PD becomes current from the Employer1 - my lawyer says it will not be approved because I should be employed full-time as the LC states.
----lawyer is wrong, LC can be filed by A and one may be working with B. LC, I-140 are filed by employer for future permanent job
However on another forum someone said that I DO NOT have to be employed by the sponsoring company, since this application (green card application and LC) are for a future job, not current job.
----that is correct
But if that's true, do they request for pay stubs and match it up with the LC? I am very confused.
---------no
My ideal situation would have been after applying for I485 and waiting for over 180 days I would change it to the new employer in the same industry and similar position, if I could.
----let the present employer file I-140 (if EB3 one can file with premium processing and will get results in 20-25 days) and you file I-485. once I-485 is pending more than 180 days you can change employer or use AC21
*** FYI if your I-140 gets approved then you can get 3 years extension of H1 if unable to file I-485 due to PD
I don't want to lose my PD either - I waited for so long....
--------- stick to that employer let him file I-140 and you file I-485, EAD
Please advise me on this situation,

Thanks a lot,