need help after lay-off during I-485 pending period

[resal_looc]

Gurus,

I have read many postings from you folks (esp. UnitedNations, NATO) and would like to ask your opinion on my situation.

I am just laid-off (Dec. 2005) and have just found a job in the same field but in a different state. Due to the holidays, the start-up date would be first week of January, 2006.

I was still on H1B before the lay-off. But my I-140 (self-petitioned NIW) was approved Nov. 2004 and my family's I-485 has been pending since then.

My questions are:
1. is it still possible/feasible to do H1B transfer for this new job? or should I just use EAD? should I file AC21?
2. in the worst case, does 1 month of unemployment matter in my I-485 case? How would this be noticed? Is it based a gap in pay-stubs?

Many thanks in advance and have a nice weekend.

 

[forxp]

as I understand, you should be ok.

1st, you are NIWer and you are independent
2nd, 485 pending more than 6 month although it doesn't matter for NIW case. you don't have to file ac21, it is only for LC based as I know.
3rd, you are in a similar field

So, I think you should be able to use your EAD without problem.