If I loose my jon now...on the verge of 140 approval

[rcodavali]

My status:
LC for GC approved.
EAD/AP approved.
Finger Printing completed in April04.
RD/ND for 140/484 Oct 7th 2003.
140 RFE received and completed in April04.
USCIS acknowledged 140 RFE.
140 should be approved anytime now.(still waiting).(According to the Processing dates on USCIS)

In this situation If I loose my job how would BCIS know abt it?(assuming my company doesnot report BCIS to withdraw my 140). I am thinking that my 140 will be approved anyway as they would not know immediately that I am no longer working for that company and also as it is already more than 180 days for the 485 RD(Oct,2003) and I have 140 approved and a EAD in hand I can potentially find a new job w/o violating any immigrtion rules and later my 485 will be approved(even if I get any RFE I should be fine). AM I CORRECT? please confirm.

thanks a lot
-Raj

 

[whorl1quote]

you may need to work on your EAD, as applying for transferring H1B will signal CIS your change of employment. You should be safe as long as:

1) your old employer won't withdraw your I140
2) you do not get second RFE
3) your case did not get transferred to the local office thus you will get an interview before I485 approval.
4) you use EAD instead of transferring H1B.

It's going to be a lot more complicated if you get second RFE. You may need to get new employer to file AC21 for you with a pending I140. It's a gray area now.