Urgent...Switching job - AC21

[selvaraj]

Hi
I filed my I-485 on Dec 29 2004.
My I-140 got approved on Feb 1 2005.
I also got my AP and EAD approved in Mar 2005.

I am single and am planning to get married in Dec 2005.

As per my current employer (A) policy, after 180 days filing I-485, they will revoke H1B visa and I should work only on EAD.
The problem is that if I switch working with EAD then I cant bring my future wife by getting H4 visa.

The option I am thinking is to switch to another company (B). The point is that I am not going to use EAD, instead I am going to transfer my h1b visa. So that I could maintain my H1b status till getting married.

My question is in case if I switch to new company (H1b transfer) after 180 days, does the existing I-485 / AP/ EAD with company A is still valid? So that after getting married I can still use EAD and pursuit I-485 process without any problem?
Is there any chance that company A could try to screw up my I-485?
Am I using AC-21 in this case?

PLEASE HELP ME IN THIS REGARD.
Suggest me if there is any better alternative....

 

[ginnu]

Hi
I filed my I-485 on Dec 29 2004.
My I-140 got approved on Feb 1 2005.
I also got my AP and EAD approved in Mar 2005.

I am single and am planning to get married in Dec 2005.

As per my current employer (A) policy, after 180 days filing I-485, they will revoke H1B visa and I should work only on EAD.
The problem is that if I switch working with EAD then I cant bring my future wife by getting H4 visa.
-------------- that is true, you need to be on H1 status to get your spouse H4
The option I am thinking is to switch to another company (B). The point is that I am not going to use EAD, instead I am going to transfer my h1b visa.

---------- it is good to be on H1 status
So that I could maintain my H1b status till getting married.

My question is in case if I switch to new company (H1b transfer) after 180 days, does the existing I-485 / AP/ EAD with company A is still valid?
------------------ yes
So that after getting married I can still use EAD and pursuit I-485 process without any problem?
Is there any chance that company A could try to screw up my I-485?
-------------- even if they try to revoke I-140 you are SAFE as I-140 is approved and I-485 pending more than 180 days, you should not use EAD, remain on H1 status
Am I using AC-21 in this case?
----------- YES,when you change the employer send request to Invoke AC21
PLEASE HELP ME IN THIS REGARD.
*** count the days of I-485 pending from RD of I-485 reciept then change employer
** your I-485 may not be touched by USCIS till October 2005, if possible try to get married earlier than December 2005
Suggest me if there is any better alternative....

--------------- file H1 trasfer, join the new employer on H1 and update USCIS with new employer permanent job offer letter to invoke AC21

 

[selvaraj]

Thnak you........

Thank you Ginnu...
I saw many posting by you...I really thankyou for helping people like us in need of suggestion.