AC21 can never be filed before I-485 has been filed pending 180 days. I have fairly detailed discussion on these issues on my blog. http://forums.immigration.com/blog.php?u=1
AC21 AOS Portability
Here is a series of questions that should be relevant for many people:
I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.
Normally, ability to pay is not an issue for AC21 employer. But these are unexplored situations. Tough to predict.
I see no restriction in law preventing multiple job changes. In most cases, I like to inform USCIS, but speak with your lawyers.
That is correct for AC21 portability. But USCIS can ask why you are not working for that employer right now. If you have a good, truthful answer for that question, you should be fine.
1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or.
2. An amendment should be filed, though it is debatable if it is required.
3. In my view, AC21 port is easier.
1. I think I prefer AP. Read the Cronin memo and you will understand that even if you enter using AP, you will be considered to be on valid H-1 as long as you were maintaining H-1 status before you left. Search the word "Cronin" on my blog .
2. No. See answer above.
3. It is impossible to predict times. Plan for a six-month turnaround.
4. Do not be scared of queries. We are yet to lose an H-1 case. I am not aware of any queries on AP.
5. Advance Parole and Passport.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.