1 you changed job with H1transfer to new company and now you do not have job with them, if that is correct you should find the new job immediately
>>>>>>>>this is correct, Thanks Ginnu for your time and info. )
2 I don’t know who sponsored your GC Company A or B? Whose I-140 is base of your I-485 pending? To continue your GC process you need a job with new employer in same or similar skills
>>>>>>>>My GC is going thru A (previous company))
3 you can get new job by H1 transfer, you should file immediately as recent pay stubs are needed for H1 transfer.you should also renew the EAD, send applicatin 4 months advance of expiry date
>>>>>>>>My Company B is not paying me salary so they are not sending paystubs)
4 if your EAD is valid you can join new employer based on that EAD, EAD is provided to you by INS and it has nothing to do with previous employer A, which is bankrupt and closed now. (Please keep the proofs that the company is closed or bankrupt because it will help you to use AC21 because you did not have a choice and had to find new employer)
>>>>>>Yeah My EAD is valid for quite sometime now, can you please specify what all Doc. so that I am on the same page and I understand correctly.)
5 it is always better to maintain H1 status even if I-485 is filed because INS has changed or keep on changing its position on AC21 (read info from Murthy Bulletin, I have posed in other thread) and we should remember that still final regulation for AC21 are not published, every body tries to post what ever he /she reads on lawyer sites and it keeps on changing.
It is not a guarantee that after 180 days have passed for pending I-485 that will be automatically approved
Or If I-485 pending more than 180 days and I-140 was revoked after say 60 days of I-485 filing, many on this forum say that the person can still use AC21, but is only opinion of the poster, no body knows what stand INS will take to these cases. By reading these posts one can live with a hope of getting GC through AC21 but reality will only be known when these cases get approved or denied and what will be the INS policy at that time.
>>>>>>I checked status of I-140 it is still valid and states that this was approved mm/dd/yy )
6 if you can find a new job try to get it trough H1 transfer because if I-485 is denied due to some reason you don’t have to leave US immediately. If you work on H1b then still you can stay because of your H1b
>>>>>>>>Since the H1 with Company is valid for another 2 year, and god forbid my I-485 is denied but since my H1 is valid so can't I switch to H1??)
7 it is better to get your passport stamped with valid Visa sticker.
With pending I-485 you can also stay if I-94 expires, as your status will be AOS pending, but if I am in your situation first I will try to get a new Job in similar skills with H1 transfer and will get H1b visa sticker in my passport with H1B approval in US by revalidation from department or in my home country US consulate when I visit.
>>>>>>H1 transfer without recent paystub may some problem??
8. You should also keep valid EAD with you and if EAD is going to expire apply for new EAD 4 mpnths advance, keeping valid EAd helps some time to get job and using EAD is diffrent than having EAD you can have H1 and EAD both
>>>Finally what I gained is
1) My status is valid even with I-94 expired and valid EAD in hand?
2) switch to new similar job on H1 preferrable>>>>Thanks Ginnu for your time and info. My GC is going thru A (previous company)
