I had applied for I-140 & I-485 EB3 conc. in July 07, none of them has yet been approved. My H1-B sponsoring company ha more then 6mil $ revenue/annum. In Feb 2009 my company came under invesigation. I was still on their pay roll at that time. The company owners pleaded not guilty to any of the charges and their case is under process. I was unable to get any new project due to the economy for some months.so in june 2009 I started working on EAD.

Now I received a full time offer from another company which is also ready to transfer my H1. My question is that can I use AC-21 to port my I-140 instead of my H1? I have to start every thing from scratch again. I believe my I-140 was approvable at that time as my case was very straight forward and I never received any RFE for any thing.