Confused - use H1 transfer or AC21 (EAD) option for new employment - pls help!

[sbairy]

Hello, here is my situation...

1) I lost my job few weeks ago and I'm on the previous company's payroll until March 16 (2 month notice) and was working on H1. I've my EAD (already renewed until 2010) and I-140 approved (Nov 2007), 485 pending (since Oct 2007), GC filed under EB2, with a priority date of Aug 2004. Question now is, when I find a new employer, shud I get the H1 transferred (not many companies are willing to do this during these tough times) or work on EAD and file AC21 ?

2) Some suggested to go for some consulting company until the GC comes rather than full-time, since most companies are/will be laying-off people. At least with consulting, you've more options. Any thoughts ?

2) If I do H1 transfer and not file for AC21, what happens to the GC process ?

3) Is it possible that my previous company can continue my GC process, if they are willing to while I'm not working for them and I join another company (consulting/full-time) either by transferring my H1 or filing AC21 and use EAD ? Are there risks involved in that, both for my previous company and myself ?

4)Can my family go to India and come back w/out any issues during re-entry on AP that is valid until Sep, 09 ?

5) Shud I always have a proof of address (utility bill, etc.) until 485 is pending ? If I were to be sharing an Apt with someone, my name may not be on the utility bill, but only on the Lease agreement.

It might seem that some questions are redundant, but appreciate if I cud answers to all of them. I'm running out of time and really need to act fast!

Thanks in advance!

[txh1b]

1. EIther can be done.
2. Bad idea as USCIS is cracking down on these consulting companies.
2. Depends. If the previous employer revokes the I140, USCIS will send you a NOID without an AC21 on file.
3. GC is for future employment. As long as they are willing to hire you for the position if GC gets approved, it is possible. But filing of AC21 means you are changing your permanent employer. In the scenario, AC21 is not needed.
4. If you have a same/similar job, it is safe as there is a chance for POE officer to ask about your GC sponsor.
5. Not sure what you mean to ask. You need to file AR11 for any address change.

[sbairy]

Thanks txh1b for your quick response!

I've some follow up questions.

For #2) Since getting a full-time job is tough right now, how about getting into a consulting company that is well established and has quite a few employees ?

For #3) If my previous company is willing to continue my GC for future employment, am I obligated to join them after my GC gets approved ?

For #4) Does that mean, I should have a job/employer by the time my family comes back from India ?

For #5) What I meant was if my family goes to India for couple of months and I go share an Apt with a friend, other than filing AR11 for address change, does USCIS require other proof of residence from me ?