Quit job and moved overseas while I140/485 Pending

[thamyee]

Hi,

My I140 and 485 were filed in July 2007 and are currently pending. (Priority date: Oct 2003)
I have EAD and AP, and my EAD is expiring in Oct, 2008.
I left the company 6 months after I140 was filed, and have recently moved back to Malaysia. (i used H1B status when leaving the States)

My questions are..
1. If I'm not working in the US, do I have to renew my EAD?
2. Since I'm outside of the States now, I do not have I94, which my lawyer said is required for the renewal.
3. Should I even consider switching to CP?

I've been searching for answers..
Any help is appreciated!!

Thanks in advance,
Yee

[txh1b]

Is your intent to still work for the employer and get the GC? If so, you need to come back soon and start work in the US. EAD extension is not needed if you wish to maintain H1b status.

If you quit your employer, the GC can be considered abandoned unless you use AC21 to find a similar job and I140 is approvable.

[thamyee]

Thank you for your reply, txh1b!

I have quit the employer 6 months after filing I140, and my H1B has already expired.

I don't know how true it is, but I heard that if the employer agrees to rehire me when he is interviewed by the INS, then it should be OK.
Is that true?

Since my GC status is at risk now, should I take the chance and switch to Consulate Processing?
(my I140 and I485 are pending, I am a Malaysian, currently in Malaysia)

Thanks again,
Yee

Is your intent to still work for the employer and get the GC? If so, you need to come back soon and start work in the US. EAD extension is not needed if you wish to maintain H1b status.

If you quit your employer, the GC can be considered abandoned unless you use AC21 to find a similar job and I140 is approvable.