I-485 pending, have EAD+H1 and losing job - please help

[lastbid]

Hi,

Please advise.

I have a H-1B (past 6 years), my GC/I-485 is pending and I have EAD/AP. I'm losing my job tomorrow (6/15) just past the 180 days after filing I-485, so thankfully my GC case would be portable under AC21. I may have a prospective employer, but not enough time to file H-1B transfer before last day at existing job.

What is the best course of action:

1. Join new employer as soon as possible using EAD, and also have them file H-1B transfer (will take ~2 weeks due to labor filing and getting receipt notice).

2. Have new employer file H-1B transfer asap, and wait the ~2 weeks to get H1 receipt notice and then start work on H1 (hopefully this still maintains my H1 status?)

My wife (was H4, also has EAD/AP) is out of the country and will be returning in July.

If option #1 is considered, then maybe I change status, but don't go out of status completely? Also,

1a - Does Last Action Rule apply here when USCIS approves H1, so will I regain H1 status automatically? Or does that not apply here and I would need to leave the US and re-enter with a new H1 stamp?

1b - If Last Action Rule does not apply, then is it advisable to exit and re-enter on H1 status soon after approval, or just stay on EAD till I-485 case is decided? Is there an advantage to staying on EAD or H1 (since that requires leaving anyway)?

1c - If Last Action Rule applies, then would it apply for my wife as well? ie if she enters on AP, then regular H1 processing approves, does she get H4? In that case better not do Premium Processing for H1?

If option #2 is considered, then I will be out of status for 2-3 weeks? Is this a problem for now or for I-485 approval? Also,

2a - is there an advantage to H1 Premium Processing in my case?

2b - would it be advisable to do premium processing, get the approval and send docs to my wife so she can get H4 stamp and use that for reentry?

Any and all help highly appreciated!

Thanks in advance.

[pontevecchio]

Your EAD continues to be valid unless and until the AOS is denied subsequent to the I-140 being revoked. Usually companies would not revoke the I-140. At least they are not required to do so. Hence you have a lot of time and should consider discussing your steps with a Lawyer instead of basing important decisions based on possible dodgy advice from a forum. I would join on the EAD and ask them what they prefer vis a vis the H1. If they file the approval will either come with an I94 or not. If not and if you leave and return on a H1 visa you will be back in H1 status. Your stay is legal in any case and also you are allowed upto 180 days of work without proper authorization.