* I am currently working on H1B status with university A (expire in June 2010) and Adjustment of Status for permanent resident is pending;
* I-140 and I-485 under the National Interest Waiver (EB2) were filed by myself in July 2007; I-140 was approved in August 2008 and I-485 is pending;
* The University A filed PERM for me in November 2007 and was approved in December 2007, I-140 based on PERM was filed 2008 and approved in April 2009;
* The University A filed Outstanding Professor or Researcher (EB1b) immigration petition for me in April 3rd, 2009 and this I-140 is pending.
Now, I got a tenure-track AP position in University B. I am thinking if the university B applies for H1B transfer on my behalf NOW, USCIS would know that I am changing employer so that my EB1b I-140 filed by university A will be rejected.
Since I have the EAD based on the pending I-485 (Adjustment of Status), I can start to work in University B without applying for H1B. I prefer not to apply for the H1B before September, with the hope that the EB1b I-140 petition will be approved before September 2009. In the worst scenario: if the petition does not get approved by then, I will still be in the legal status (with my pending I-485 based on the National Interest Waiver category) and the University B can start H1B process at that time. The only thing that I need to do is to leave the country and come back to activate my H1B status.
Please advice me if i should ask the University B to apply for H1B NOW or wait after September.