Unemployment during NIW-based I-485 pending joyu82007-04-08 21:29:01

NIW-based I-140 approved and I-485 filed 180 days and more. Currently also in H1B dual status. In this case:

1) Is it OK to be unemployed for two or three months in a transition to seek a new job in the similar field? What's my status during these two or three months gap?

2) Can I still take advantage of H-lB portability if my employment with my current H-lB employer ceases prior to the filing of an H-lB petition by the subsequent H-lB employer? How long an employment gap is permitted before an H-lB worker loses the benefits of portability? Do I need a departure and re-entry to the United States to restore my H1B status?

Thanks.