I am in the 10th year of my H1 extension. I filed my GC (EB3) in August 2004 and my I140 is approved. However, my I-485 has 'NOT' yet been filed and I am still waiting for the dates to be current.

The current H1 (3 year extension) is valid till the end of 2011.
I'd like to know if I can change my employer with my current state of affairs. I have read about AC21 portability but it says that I need to have my I-485 filed and waiting for 180 days before I can be eligible for it, and in my case the 485 is not even filed.

Is changing my employer possible by having my H1 transferred? If yes, then what measures can I rightfully take to make sure that my PD stays the same if the new employer agrees to file my GC.

Also, I came to US in 2000 through my current employer. I left the firm in 2001 and rejoined them back in 2004 (this was dictated by my employer firm), for the filing of my GC which was done in EB3. If I cannot change my employer, then do I have the option of changing my GC from EB3 to EB2 or even that won't work since my prior experience in USA before rejoining my current employer is just 4 years (and not 5).

Any help is much much appreciated

Thank you

Hi xander

Lots of complications here. I will try and be as crisp as I can on issues I can comment about, everything else - you need a good lawyer.

AC21 is available only if I-485 has been filed, in your case you are not eligible to use AC21.

The reason you are on your 10th year of H1B is because you have a I-140 approved else you cant extend beyond 6 years, now if you leave your current employer and they withdraw the I-140, you wont be eligible for an extension either!! so the way I see it you cannot even change employers, now the USCIS may not catch this and may give you a new H1B with a new employer not realizing that you are on a green card related extension, we have seen that happen so you can theoretically get the H1 transferred.

As regards porting your PD - consult a lawyer.
The best course is probably to stick around till you can file 485 and leave 181 days after filing....I know this is probably not the answer you want to hear!!! but most of us here have been or are in the same boat and feel your pain.