Clarification on EAD vs H1B for New Employeer

[sap81]

Hi All,

I'm on 7th year of my H1B .Even though i got my EAD Mar 2012 , my compamny applied for H1B extension on Sep 2012 and i got an extension from sep 2012 -sep 2015 as my company attorney said its better to be on H1B instead of moving on to EAD.

So my question is if i plan to join a new employer on H1B (As i know this is possible ) - I have quoted below from Murthy's FAQ'S

But my real question is what happens to my Green card processing as i know green card is for future employment and i'm leaving the company A right now - there won't any question of future employment

So my questions are

1) I know we have to file AC21 and use EAD if my i 485 is pending for more than 180 days - I believe in this case my green card will continue to be processed - doesn't matter if company A with draws my I 140

Is this true only if i move to Company B on EAD or its valid if i move to company B on H1B transfer ?

2)If company B files for H1B then what happens ? -

-Do company B has to file my GC application again but can use the Priority date from Company A ?

-Say, it doesn't matter whether i move to company B on H1B and EAD , my green card process will be continued as my I 485 has been pending for more than 180 Days - Is this true ? and will it have any effect if my company withdraws I 140 application after i join company B on h1b

Thanks in Advance

-

. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. This is often possible even after the expiration of the individual's 6-year H1B period, since, under a USCIS opinion letter, the law permits extensions beyond the 6-year limitation with employer "B" based on a qualifying green card case previously filed with employer "A."

[tusharvk]

your 140 is approved and 485 is pending for more than 180 days.

Assuming that, you can move to a new employer and still keep on h1b or ead.

If the old company revokes 140, it would not matter. when your pd is current, uscis may issue rfe at which point you can submit ac21 documentations.

In any case, you can engage attorney to take your 485 process and the attorney may decide to file ac21 docs now or later.

[Attorney_25]

-Say, it doesn't matter whether i move to company B on H1B and EAD , my green card process will be continued as my I 485 has been pending for more than 180 Days - Is this true ? and will it have any effect if my company withdraws I 140 application after i join company B on h1b

That is correct. It is usually best practice to continue to extend H-1B status, while also maintaining a valid EAD. It is also best practice to inform USCIS of the move (via AC21 letter) immediately, as this will help greatly to prevent USCIS from incorrectly denying the I-485 at the point that the prior employer requests revocation of the I-140. It should also help to prevent an RFE on the I-485 initiated at the point where USCIS notices an H-1B filing by another company.

[to_vaib]

So can we move to a new company on H1B and still keep our EAD by filing the AC21? OR we have to use either h1b or EAD to move?