Urgent help Lost job in I-485 stage

[sudheer]

Hi,
I am on H1B on 7th year extension and recently lost my job with my 140 pending stage application date Aug30,2007and waiting for my 485 approval(Application receipt Aug30, 2007). My previous employer agreed to continue and support my GC and 140 processing and answer any queries. In this situation can i change my H1 to different employer and still continue my GC processing or i should use my EAD to get a new Job. Please advice as to what i need to do so that i can keep my I-485 processing active. Thnx in advance...

[txh1b]

To be safe, you need to transfer your H1b. If the employer is ready to support I140, then you will be fine. After I140 gets approved, you can safely use AC21 and port to a new employer.

Even now, you can switch on H1b and still use AC21 to port to a new employer. USCIS has issued memos about AC21 which specifically deal with your situation. ALl you need is an approved I140. Look it up.

[sudheer]

Thanks for your reply. One more question,
If there is break in employment before i get a new job ie.. there will not be any payroll generated on my name, does it effect my GC processing..?.

I read in one of the posting that the new Job has to be same as the one i filed for my labour approval, will the same rule applies for me?

[txh1b]

Yes, AC21 usage requires the job to be same/similar.

If you lose your H1b job and have a break in payroll, you essentially are no longer on H1b and can be as a parolee. All USCIS needs is you to be in a job when your petition is up for approval. You can remain jobless as a parolee.

[sudheer]

That i understood, but in my case, my prev employer WILL NOT notify USCIS that i am not with them and keep my H1B, will this also be treated as no job status?

[txh1b]

That i understood, but in my case, my prev employer WILL NOT notify USCIS that i am not with them and keep my H1B, will this also be treated as no job status?

Not informing USCIS of H1b termination does not mean one can continue on H1b. One loses H1b status upon job loss or when paystubs stop.

If it is about the GC, your ex-employer can be your GC sponsor till you get the GC. Only condition being after it is approved, you have to work for them.