Switching Jobs and Field while GC pending and in 5th & 6th year of H1b

[rahulajith]

Citizenship: India

 

My 6th year of H1b expires on 9/22/2018 (including recaptures) - That is 21 months from now. My current employer has agreed to file for my green card. We are at the PWD stage, however the earliest the PERM can be filed is April 2017 (due to a recent reduction in workforce and since US persons with same title in the same locations were affected). It is a Fortune 30 company and they partner with a big law firm, that does immigration very efficiently. I tried talking to them, but there is no way they would file before April 2017.

 

 

Here is my situation: I am not really happy with this job and I want to switch companies and the field - very badly. Although it is a different field, both the new and current field are justified by my degree. My current worst case plan is to wait for 140 approval from my current company and find another job immediately as I can get 3 year extensions based on the 140 approval from my current company. And since priority date is tied to the individual and not the company or job title, I would just need my next company to file GC within 3 years and I would not lose my spot in the queue as when the 2nd companies 140 gets approved, I can port my priority date. 

 

 

Now, with PERMs earliest date being April 2017, It seems like it would take another 1.5 years+ for me to switch to a new field and company. I really don't want to wait that long. What are my options? When is the earliest I can switch now so I could successfully extend my H1b beyond 6 years without issues.  Is there any other way, I can abandon the current green card process, find a new job and still extend. I don't think it is reasonable to assume the new company will be okay with me staying out of the country for a year. What are the windows of time that I can make the switch and still ensure continuous stay beyond 6yrs. 

 

Other Info:

 

1) I have unused STEM OPT from my first masters degree (MS). My most recent degree is MBA and is related to both my current and aspiring jobs. 

2) My spouse is on F1 OPT and will try for H1b Cap next year - 2017