Quick advice on AC-21 and I-485 for job change

[rravikumar]

I applied I-140 & I-485 concurrently on Sep-15th last year and got my I-140 & EAD approved. I need guidance in proceeding to take a new job (similar job functions in F-500 company) as I've not received I-485 approval and it's about 5 months since my I-485 application.

- Should I ask my new employer to sponsor H1B starting from Mar-15th (180 days from Sep-15th) and ask them to apply AC-21 for me?
- If my I-485 gets approved through my current employer while H1-B and/or AC-21 request is in process through my new employer, what should I do? Withdraw H1-B & AC-21 request?
- Is it safe to move to new employer within 1 month of I-485 approval/GC?

Thanks,

 

[ginnu]

I applied I-140 & I-485 concurrently on Sep-15th last year and got my I-140 & EAD approved. I need guidance in proceeding to take a new job (similar job functions in F-500 company) as I've not received I-485 approval and it's about 5 months since my I-485 application.
---- to be eligible for AC21 your I-140 need to be approved and I-485 should be pending more than 180 days. You I-485 is NOT pending for 180 days and you are not eligible for AC21 at this point and if Employer revokes your I-140 then your I-485 will be denied as I-485 is not pending for 180 days .
- Should I ask my new employer to sponsor H1B starting from Mar-15th (180 days from Sep-15th) and ask them to apply AC-21 for me?
-----Why don't you wait I-485 to hit 180 days? if you leave now then employer may revoke I-140.
- If my I-485 gets approved through my current employer while H1-B and/or AC-21 request is in process through my new employer, what should I do?
----- if I-485 gets approved and that I-485 is approved based on Employer A job offer then work with A for 5-6 months or get fired.
Withdraw H1-B & AC-21 request?
--H1 has nothing to do with I-485. H1 is for present job and GC is for Future job and dont mix H1 with I-485 both are different petitions .

- Is it safe to move to new employer within 1 month of I-485 approval/GC?
---------------Not safe. you may face problem at the time of US citizenship.
Thanks,

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