No EAD, 8th yr H1B, need to change Employer

[needimmhelp]

Hi Gurus,
My I-140 was approved in Oct 2003, I-485 applied April 2004, in retrogression now, EB2, EAD applied May 22, 2006, awaiting, Travelled internationally twice on AP. 8th yr extension approved but paper not recd yet. My LC, I140 and I485 papers are with current employer A. H1B 8th yr papers will come to Employer A.

I have an offer with Employer B now that I want to join. What would be a good strategy? I am married have 2 kids (US citizens). I and my wife are from India.

Should the new employer apply for H1 xFer? What would that do to my I485? EAD? What if Employer A cancels LC/I140 etc? Would I need to get I140/I485 copies from Emp A or can the xFer happen without it? Can I travel internationally after joining Emp B? Please help...
Thanks

 

[ginnu]

Hi Gurus,
My I-140 was approved in Oct 2003, I-485 applied April 2004, in retrogression now, EB2, EAD applied May 22, 2006, awaiting, Travelled internationally twice on AP.
8th yr extension approved but paper not recd yet.
My LC, I140 and I485 papers are with current employer A.
-------- LC , I-140 is filed by employer but I-485 is YOUR petition, you need to keep I-485 filing reciepts with you for you and your family members
H1B 8th yr papers will come to Employer A.
--------- it may come to A or lawyer of A who filed H1 extension

I have an offer with Employer B now that I want to join. What would be a good strategy? I am married have 2 kids (US citizens). I and my wife are from India.
-------------- you dont have valid EAD in hand at this time. better get the 8th year H1 extension approval in your hands. once you get the H1 approval in hands then better join B by H1 trnasfer, let the B file H1 trasfer and they day you get H1 trasfer filing reciept join B on H1
Should the new employer apply for H1 xFer?
-better option
What would that do to my I485?
----------- ask B if he is ready to give you permanent job offer letter with same/similar skills as on your LC. if he is ready then after you join B send Invoke AC21 with your pending I-485(dont use lawyer of A hire your lawyer or use new comany lawyer)
EAD?
------------if YOU filed EAD it will come to you. EAD is based on pending I-485 it has nothing to do with A or B.

What if Employer A cancels LC/I140 etc?
----------- you are safe your are eligible for AC21
Would I need to get I140/I485 copies from Emp A or can the xFer happen without it?
------- for H1 transfer you need your valid 8th year H1 approval notice+ 3-4 recent pay stubs.for H1 transfer you dont need I-140 or I-485 reciepts or I-140 approval.
I-485 belong to you and ask for the I-485 filing reciepts. if possible try to get I-140 approval notice copy from employer A or his lawyer(may not give you) if possible try to get approved LC copy(form ETA 750A that has your job duties/skills written on it).
Can I travel internationally after joining Emp B? Please help...
-------------- yes if you have valid H1 stamp and B H1 approval notice OR valid AP in your hands
Thanks

 

[needimmhelp]

Thanks Ginnu. That helps.

Thanks Ginnu, that helps a lot. My wife has an EAD that she has not used yet. H4 extension was not applied for her for past 2 yrs. Now with my H1 xFer in 8th yr, I assume that, no action would need to be taken for her and she can continue on EAD, correct?
Thanks a bunch.