Please help: change of employer on H1-B, used AP recently

[GCforTRAVEL]

Hi,
Please help with advise/comments/suggestions:

H1-B valid till August 2006.
Filed I-140/I-485 concurrently (self-petition, no sponsoring employer) under NIW category in October 2005. No decisions on these yet. However got AP/EAD, did not use EAD.

Travelled outside US in FEb. 2006, used AP to re-enter, continued working on H1-B validity. From past posts, this should be fine.

Now, 2 questions:
1) Changing employer in Sept. 2006, same field of work. New employer will file new H1-B. Will the use of AP in Feb. 2006 affect this new H1-B petition?

2) Will obtaining a new H1-B from new employer impact pending I-140/I-485?

Will this new H1-B peition be considered as H1-B extension or "new" H1-B since it is with new employer?

Thanks.

 

[gc_2006]

Hi,
Travelled outside US in FEb. 2006, used AP to re-enter, continued working on H1-B validity. From past posts, this should be fine.

Now, 2 questions:
1) Changing employer in Sept. 2006, same field of work. New employer will file new H1-B. Will the use of AP in Feb. 2006 affect this new H1-B petition?

I don't think so, acording to newer USCIS guidance it seems you can use AP and still be in H-1B status.

2) Will obtaining a new H1-B from new employer impact pending I-140/I-485?

Simply - no. GC is for future employment.

Will this new H1-B peition be considered as H1-B extension or "new" H1-B since it is with new employer?

Extension under new employer name - the same clock continues (6 years max) that was started when you first got your H-1B.