AC21 and H1B

[shkzak]

I'm working for a company since last 7 years and my GC is currently being processed by them. I'm paying for the entire process but they have provided the sponsor letter. I have an approved I-140 and have my I-485 pending for more than 180 days. I also have a valid H1-B till 2010. With this background, I have few questions as below.

- Can I change my employment now and work on a H1-B with another company? Simultaneously, can I use the AC21 portability and transfer my GC process to another company which is not the same as my H1-B company. I have a friend who owns the software company and he should be able to continue my GC. The idea behind this is to decouple my job dependency with GC.

- The other option is that I continue working with my current employer on H1-B and transfer my GC with my friend's company. Is that possible?

Also, if anyone is aware of a good attorney (based on their experience) who can help me with this in Bay area, please let me know.

Thanks for your assistance.

[txh1b]

- Can I change my employment now and work on a H1-B with another company? Simultaneously, can I use the AC21 portability and transfer my GC process to another company which is not the same as my H1-B company. I have a friend who owns the software company and he should be able to continue my GC. The idea behind this is to decouple my job dependency with GC.

Can be done. But there is no way you can decouple your job dependency and GC if it is employment based GC, you need to have a same/similar job until you get the GC and for 6 months after the fact. Now that 180 days of wiat is over, the dependency on the company that initially filed your GC is NIL.

- The other option is that I continue working with my current employer on H1-B and transfer my GC with my friend's company. Is that possible?

It does not make sense to do this as you have already completed 180 days and can change to any employer in same job category. There is no need to transfer(AC21) the GC unless you are changing the employer.

I'm not sure what you are intending to do makes any sense.