I140 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,

 

[EricS]

It is true that GC is for future employment and you do not have to be employed while the GC is in progress, but there are some strings attached, I will explain. So if old employer is willing to continue your GC case then you can go ahead and join the new employer.

Now to the strings, if you are not employed with the employer while your GC is in progress, then employer need to show whole of the proffered wage as profit etc to cover the "Ability to pay" issues. This is not an issue for the companies that show good net profit, but if it is a smalltime employer who depends on consultants for the revenue and does not show any profit, then it can be an issue. Read ability to pay thread by user Unitednations if you want to understand in detail about the A2P issue.