H1B to EAD to H1B

[pri12]

Hi,

My H1B has expired on Apr2008. I am traveling to IND in May2008. I plan to use AP while returning back.
1.) Is it wise to use AP or is it safer to be in H1B until I get GC in hand?
2.) I am working as "S/w Engineering Manager" in my company. Company is willing be give me "Product Manager" role. The job responsibility varies and my salary will hike atleast by 5%. I-485 receipt date is Sept2007. Will accepting this role complicate the GC processing? What should I do to resolve issues here?
3.) Is AC21 necessary for change in job roles within the same employer?
4.) Is AC21 required if I am changing jobs from company A to B after 180 days (of I-485 pending) but my status being in EAD and not H1B all along?
Please reply.

[txh1b]

1. Your choice. Many people prefer to stay on H1b in case of a 485 denial which will give time for appeals etc and work meanwhile.
2. Yes. It will infact void the GC/labor. GC requires the job and responsibility to remain same/similar. You have to resolve this issue by not accepting the new position till you get the GC.
3. AC21 does not let you change roles. One of the requirement is for the job to remain same/similar.
4. AC21 is needed when you change the company. In layman terms, AC21 notice tells USCIS that your permanent sponsor for GC is now the new company but not the old company. AC21 is not mandatory but highly preferred to avoid NOIDs etc in the future.

[pri12]

Thank you so much for your answers. I appreciate your help.