AP Renewal After Expirations

[ako]

Our I-140 is approved and I-485 is pending for more than a year now but we are still in valid H status until April 2011. Our EAD/AP are both expired. I am planning to renew my EAD and change my employer. My questions are:

1. Will my I-140 remain valid if my current employer cancels the approved petition?
2. Our AP expired on December 9, 2008 (mine) and January 24, 2009 (wife). Can we still renew it after the date of expiration? Is there a latest time for us to renew it beyond the expiration date?

I hope to hear from you.

Thank you very much.

Ako

[txh1b]

1. Yes, provided you have a AC21 record of a new employer with same/similar job. If not, USCIS may issue a NOID.
2. Yes.

[ako]

Thanks for your prompt reply. Assuming that the new employer offers the same job, who is going to inform USCIS about the new employment through a letter, is it me or the employer?

Thanks

[txh1b]

You or your lawyer.Employers hiring EAD holders do not get involved other than providing the needed docs like employment letter, detailed job description etc needed for AC21.

[ako]

thank you. i think i now have the answers for all my questions.

more power.

[ako]

Hi,

I have one more question. If I change employer using EAD, do I have to send AC21 docs to USCIS even if the sponsoring employer will not revoke the approved I-140 petition?

Thanks,
Ako