I-140 pending, H1 not stamped, switch jobs?

[amio]

Hi, 

 

I am an Indian national, and have a PhD from a US university. I am currently working full time (direct hire) in the USA for a semiconductor company. My employer applied for my Green Card under EB1 category in Mar 2014. My I-140 is not yet approved. I received my first EAD advance parole card in Aug 2014 and got it renewed again this year in Aug 2015. I traveled outside the country and re-entered USA using my EAD Advance Parole in Mar 2015. I have an I-94 with EAD Advance Parole stapled in my passport.

My employer's lawyers have made repeated enquiries with USCIS regarding my I-140 status without any success. The latest response from USCIS is "Our system indicates that your case is currently under extended review and this has caused a delay in processing time". 

Even though I am willing to pay for the premium processing, my employer has been firm on not process my application under premium processing. I believe it is their policy not to file under premium processing for anybody. So, on repeated requests, the lawyer has made an inquiry (Form 7001) with the USCIS Ombudsman’s Office for their intervention in Sept 2015. 

 

I also have my H1B I-797 approved (but not stamped on my passport). My H1B is valid from Oct 2014 to Sept 2017.

 

Based on my above described condition, I have 2 questions regarding my case -

 

1. Is there anything I can do to expedite the I-140 application process? I understand that I-140 is owned by the employer and lawyer, but is there anyway I can directly contact USCIS to process this application under premium processing.

 

2. I am considering on seeking employment with another company. With my current status, can I switch companies? Do I have to get my H1 VISA stamped before swtiching? What happens to my current Green card application? Is it advisible to travel to India and get my H1 VISA stamped immeditely?

 

Thanks a lot in advance

[amio]

Could anyone please provide any thoughts on this case?

[sagi85]

As you entered the US on AP, you are no longer on H1B status.

There is no way to expedite i140 process unless you get it filed in premium, it happened the same with me my employer waited for almost 2 years before upgrading my case to premium. 

Regarding transfer to a different employer, your new employer need to file H1B transfer and change of status for you. No need to go for stamping if you are in the US.

[amio]

Thanks a lot for your response. I really appreciate it. All the points are clear except for the last one.

Since I entered on AP, I am no longer on H1B status. If I transfer to a different employer before getting the I-140 approved, my understanding is that I loose my current GC application. So, until the time the new employer files the H1B transfer will I not be out-of-status? Please clarify this one point. Thanks a lot.

[sagi85]

Unless your current employer withdraws/revokes your i140 application, you should be good. Don't inform your current employer about the move until your H1B transfer and COS is approved.

[amio]

Thanks a lot for the quick reply. It is very helpful. Just to be on the safer side, I am considering traveling to India and getting my H1B VISA stamped on my passport. I am hoping that way even if i140 is rejected or withdrawn I will have H1B to fall back on.