Both my hu*****and and I are Chinese. My I-485 is pending for a year. I just got my EAD renewed for another year. H1-B reached 6 year limit but got a 3 years extension which gives me a valid H1-B status until 2009. My hu*****and filed EB-2. He got his LC and I-140 approval and waiting for the priority date to become current so that he can file I-485 and EAD for both of us. Now I am planning to take a job which may not qualify as “Same or Similar” job under AC21.
Since I got my 3 years H1-B extension because of my pending I-485, I am wondering if my H1-B is based upon or independent from I-485 application. If they deny my I-485 because I am no longer working on a “same or similar” job, do I still have valid H1-B status until 2009? If I take this job using my H1-B, can I successfully transfer my H1-B to the new company?
Any advice is greatly appreciated!