Switch Employer before I485 approval

[bmwowner]

Hello,

I had filed my I140 & I485 together in sept 2005. I got my I 140 approval sometime in Feb 2006. I am waiting on I485 approval. Got married in Oct 2005. I haven't got a chance to add my wife's name in my GC processing as INS has stopped issuing Visa #s ( Priority dates) My attorney is saying I can add her name once INS starts issuing visa #s. I got my H1/H4 extended for another 3 yrs after I140.
I need to switch my employer as my consulting company is doing really badly and my current job might go away any time soon. And they are able to provide me with any other contract.

I have following options
Switch to EAD ( What will happen to my Wife's status in this case ?)
Or get H1 transfer to some other consulting company ( How does it affect on my GC processing ? How do I handle pending GC processing? )

Would appreciate your advice what I should do in this scenario.

 

[gc_2006]

Switch to EAD ( What will happen to my Wife's status in this case ?)

DO NOT switch to EAD since your wife does not have her own I-485 filed. If you switched to EAD your H-1B would cease and consequently her H-4. Now without H-4 she is out of status. She cannot travel and if she were outside of the US could probably not even travel here until she has the GC herself since US embassy might deny visitor visa on immigration intend reasons. Therefore, do not switch until at least she has been able to file her own I-485.

Or get H1 transfer to some other consulting company ( How does it affect on my GC processing ? How do I handle pending GC processing? )

Simply, you transfer the H-1B to the new company - that's it. As regards GC you can continue the process under AC-21 (same or similar job... (you know the drill)). Can can - but don't have to - inform USCIS of your intend to use AC-21 to continue the GC process. It is advisable to inform USCIS of this if the previous employer would withdraw the I-140.