What if?

[mygcsearch]

Hello folks,
I am currently working for a company on H1-B. I have my 140 approved
(April 2005) and 485 (EB2, Nebraska) pending since March 2004. I do not have an EAD/AP. I intend to look around for a new job. My questions:

1. Do I need EAD/AP for switching jobs or can I do a H1B transfer and still keep my GC process active just by filing for AC21 ?

2. What if I apply for EAD/AP and switch jobs and my GC gets approved before I file AC21? Would it not look like a violation of 'good faith' when they see in future that I switched jobs right after 485 was approved? Is this a serious issue? If so, how can it be avoided?

Thanks,
MyGCSearch

 

[sjetly]

Hello folks,
I am currently working for a company on H1-B. I have my 140 approved
(April 2005) and 485 (EB2, Nebraska) pending since March 2004. I do not have an EAD/AP. I intend to look around for a new job. My questions:

1. Do I need EAD/AP for switching jobs or can I do a H1B transfer and still keep my GC process active just by filing for AC21 ?
-- Yes. You can simply use an H1B transfer. EAD is not necessary.


2. What if I apply for EAD/AP and switch jobs and my GC gets approved before I file AC21? Would it not look like a violation of 'good faith' when they see in future that I switched jobs right after 485 was approved? Is this a serious issue? If so, how can it be avoided?
-- AC21 can be used once 485 is 180 days pending. The fact that your 485 gets approved before you file for AC21 does not discount the fact that you cannot use AC21. In any case, when your 485 is approved, why would you want to use AC21? Also, once your 485 is approved, unless and until your petitioning company does not revoke your 140 which triggers a NOIR green card, you are fine. If that happens, use AC21 and inform the USCIS of same/similar job change.

Thanks,
MyGCSearch