Risk while changing job with I140 approved.

[h1b_ki_talash]

I have priority date as Nov-2010. With all recent news it seems priority dates won't move better then Aug-Sept 2007 by spring-2013 and to reach them to Nov-2010 it would take at least 1.5 -2 years.

I want to change job but don't want to loose opportunity to file I485, when priority dates become current.

As per my calculations, if I change job now and apply PERM from new company - I should be ready with PERM approval within 1 year. (and ready to file I485, if priority date become current)

Am I taking too much risk here?

[i want to change job as my groups focus has changed to something which is NOT of my interest]

[i am also assuming here that new company would start my PERM right away and I will be able to port my old priority date]

[Belle]

What is exactly the risk, in your opinion? What it is that you are trying to avoid?

[h1b_ki_talash]

Given that priority date is fluctuating alot, it might be possible that my date becomes current while I am transitioning. (and then goes backward). I would miss the opportunity to file I485(/get EAD).

[less concerned issue is that if I face any issue while filling PERM with new employer. or if there is any issue with priority date porting. I don't anticipate this, as my current and potential new employer would be big/direct company only. but you never know ...]

I am looking for an advice, what should I do?

Is my assumption that it would take 2 years before my priority date (Nov 2010) becomes current reasonable? [i know it is very difficult to predict,but let's just an educated guess]

Risk vs Reward !! Is it worth it?

[Belle]

So, OK, let's assume that your date becomes current, and then retrogress again. Let's assume it will take up to two years for it to become current after that, and then it would remain current. The way those things happen, generally, "open window filers" don't get their approval by the time the dates retrogress, so most likely even if you get to file your green card petition, you will have to wait for those 1-2 years to get approval. Basically, you will be able to file I-485, but your approval will likely be delayed. You will still get it earlier, but 4-6 months earlier compared to starting a new petition and applying after retrogression. Alternatively, maybe none of it will happen, and your job change would not matter at all. So, what you are getting is a chance to use AC21 for 6 to 18 months, and an approval 4-6 months earlier.

Is that a deal braker? Are you willing to sell your career and happyness to maybe get a green card 4-6 months faster?

[desigun]

Trust me friend.. the right answer to your question depends on your situation, long term goals and options. By situation, i'm referring to the field you are working on...if this transition is going to take you to better places both short term and/or long term, and if there are some back-up options like a G C application for your spouse going on in the background or even if there is an option for you to go back to the petitioned application.

As someone who is directly impacted by such a move, i have subjected myself to a longer term in H1B. But i don't regret the decision, because this decision has given various new opportunities and even monetarily been more rewarding. In most cases the Card opens up Career opportunities, but the delays in realizing the card can make/break those new opportunities, if the timing is not right.

It is unfortunate that this immigration system is letting us wage a bet on Card or a Career. It is a Lose-Lose proposition...

[h1b_ki_talash]

So, OK, let's assume that your date becomes current, and then retrogress again. Let's assume it will take up to two years for it to become current after that, and then it would remain current. The way those things happen, generally, "open window filers" don't get their approval by the time the dates retrogress, so most likely even if you get to file your green card petition, you will have to wait for those 1-2 years to get approval. Basically, you will be able to file I-485, but your approval will likely be delayed. You will still get it earlier, but 4-6 months earlier compared to starting a new petition and applying after retrogression. Alternatively, maybe none of it will happen, and your job change would not matter at all. So, what you are getting is a chance to use AC21 for 6 to 18 months, and an approval 4-6 months earlier.

Is that a deal braker? Are you willing to sell your career and happyness to maybe get a green card 4-6 months faster?

I am banking on AC21 and don't want to loose this opportunity. With this, I can switch jobs without going thru PERM/I140 again and also my wife can get EAD.

What are your thoughts on my this assumption - "Based on current scenario It would take 2 year before my dates becomes current" (it is ok if they go back)

I know if it difficult to predict, but I am looking for an educated guess? My guess so far is, it would definitely going to take 2 years.

Bottom line is, if I can convenience myself that my priority date would take 1.5 to 2 years - then I can start to look out for job. [Change requires lot of effort, specially out of field from where I wanna come back again and also having one 3 year kid + my wife expecting another one early next year]

What do you suggest?

[Belle]

First, there is no guarantee that your date even retrogresses after your file. Second, it would be foolish to try to predict how long it will stay retrogress, but given that it is unlikely to retrogress beyond 2007, so seems like no more than 3 years to clear it up.

I think in your situation you need to decide whether you want to file ASAP or get your green card ASAP, and how much you are willing to put up with. It is really hard to tell without being in your situation.

[Shurap1]

If you are not happy with your job, you should change. Do not sacrifice career for sake of plastic card. You can always file new labor and I140 and port the PD back to your new I140. About timings, you may be ready before the dates get current or you may not, but one thing for sure you will get it and you will be happy with you professional life.