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visshukl

H1 transfer while 485/765 pending

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I am on H1B since past 10+ years. I have had few approved I-140 in EB2, but the India date was never current for me. In jan 2019 I filed for EB-1A and I140 got approved (self petition) in March (my PD is current with EB1A - 2010). I had filed 485/765/131 concurrently, and these forms are still pending. 

Meanwhile the startup I worked for got shut down on Jan 15th, and I had to find a new job with in 60 days. I joined another company on Feb 4th. They filed for my H1B transfer on 4th Feb, but as it was not premium. On March 13th the premium processing for transfers got opened and I changed it to premium. On March 25, I got a RFE (Which I don't know yet)... It is first time I got any RFE.. I am a FTE who work as an executive in a product based company with decent credentials on all fronts.. (as you can see I have EB1A approved, just a week back). So really worried that this RFE may be related to this 485 application... 

Now my question is - if this H1B goes south... and I still have not gotten EAD or AP... what I can do? 

BTW - my I94 (stamped on my passport with H1B is valid till August 2019).

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You can stay based on the pending AOS. EB1A does not need a job offer. Keep a lawyer on board till you get the GC. If your EB1A was approved, it is unlikely for you to have any problems unless there was some flim flam

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