AC21 On EAD Expired H1B. Risk???

[ginda]

I am thinking of changing jobs, and I have been with my sponsor employer (Employer A) for more than 3 years and I have a approved LC, I140 and EAD and AP with them and also pending I485 case on file. My H1B with Employer A has expired on Feb 1 2009 and my new job with Employer B is with a corporate and they are only giving me a option to make a switch on EAD.

Employer A said he will wait till my AC21 is filed (Max 2 months) and withdraw there approved I140 petition for me. In this situation if something goes wrong after my approved I140 is revoked and my I485 is denied as I hear in lot of cases when a I140 is revoked, will I be out of status immediately since I am currently not on a H1B status but EAD/AP status. Do I have to stop working for Employer B and leave the country immediately? Please advice.

H1B expired with Employer A - February 2009.
LC Approved October 2006,
I140 Approved October 2007,
I485 Received Date - September 2007.

[txh1b]

Have a AC21 request on file immediately. In case of 140 withdrawal, all service centers have been advised to issue NOID first and not deny the petition directly.

The risk however does exist which you have to bear and assume.

[ako]

txh1b,

if i file for AC21 with EAD/AP, will the USCIC issue me an I-797 receipt notice?

thanks,
ako

[txh1b]

AC21 is FYI type info and no specific USCIS forms exist for that purpose. No I797 is issued.

[ako]

thanks txh1b.

[hereandnow]

Similar situation but have approved 1797 for H1B extension

I am in a similar situation, but I have an approved I797A for the H1B extension that I filed last year. Is the approved 797A of any use when I switch to the new company based on AC21.