Does H1B transfer invoke AC21 (I485 pending) ?

[shaa]

Friends,

My I485 is pending for more than 180 days.

If I change job using H1B transfer from current to new employer

1) Am I still invoking AC21?

2) if get laid off by new employer before I get a green card ,

Will my status change to AOS pending immediately after lay off? (assuming new employer cancels my H1B right away) or I need to leave the country and enter back on AP?

I would appreciate your response.

[tusharvk]

technically, no. You could take up any job while your 485 is pending and your I140-employer would hire you after 485 approval and pay the wages promised in the perm.

Reality may be different. Is your 140 employer going to hire you after 485 approval? If not, then your new employment has to follow the ac21 specs. And there are different opinions whether you proactively send letter to uscis of ac21 or wait for rfe and address it by showing the new job description.

If a lay-off, you could look for a new job and apply for h1b again or work on ead. Why do you need to leave the US for that?

[Ariean]

Friends,

My I485 is pending for more than 180 days.

If I change job using H1B transfer from current to new employer

1) Am I still invoking AC21?

2) if get laid off by new employer before I get a green card ,

Will my status change to AOS pending immediately after lay off? (assuming new employer cancels my H1B right away) or I need to leave the country and enter back on AP?

I would appreciate your response.

1) I think AC21 is a legal procedure for porting your EAD from employer who filed it to the new employer if they agrees to continue sponsor/help/go forward with your GC process. you might be eligible to transfer just your H1B to new employer with out porting the EAD as it relates to future employment and you can come back to old employer once it is approved. please seek others(legal) opinion on this one as i am not 100% sure.

2) If you entered country using AP your I-94 would state as "paroleed" that itself means no status but still legal to live in USA, but once your AOS application or I-485 is denied you would be out of status and need to leave the country in a stipulated time (probably 1 month) unless you entered country on H1B status stated on your I-94.

[Belle]

1) I think AC21 is a legal procedure for porting your EAD from employer who filed it to the new employer if they agrees to continue sponsor/help/go forward with your GC process. you might be eligible to transfer just your H1B to new employer with out porting the EAD as it relates to future employment and you can come back to old employer once it is approved. please seek others(legal) opinion on this one as i am not 100% sure.

That's not correct. AC21 has many different parts, but I guess that's the one you are talking about is I-140 portability. It ports I-140 sponsorship from one employer to another. It has nothing to do with EAD or H1 - completely independent from them (don't need to have either to use AC21).