Complicated situation - Switching jobs with approved I-140

[Megadeth]

Main questions - 

1. Considering my family's current situation, is it recommended to switch jobs/companies?

2. If yes, then is it ok to apply for a H1B transfer to the new company while Company A has already applied for H1B extension?

3. Based on your experience, potentially how long do I have to wait to get my GC? (Priority date May 2, 2012)

 

My current visa and GC status:

1. Currently working in Company A with an approved H1B.

2. H1B expiring on Aug 8th 2017

3. Company A has applied for H1B renewal about 2 weeks back.

4. Company A has applied for my GC. I have an approved I-140, with priority date as May 2, 2012.

5. I have never switched companies since I have first applied for US visa in 2007.

6. I have a new job offer from Company B that I wanted to join. They want me to start in July 2017.

 

My wife's current situation:

1. She has recently switched jobs. She is currently working on an approved "receipt" of H1B transfer. Note that her H1B has NOT been transferred to the new company yet.

2. This is the first time she has changed job since she first applied for US work visa in 2008.

3. Company A has applied for GC her priority date is in 2016 and she has an approved I-140. 

4. NOTE - Company A has submitted two different GC application for my wife. Her first application (priority date 2013) got rejected with reason - There was one US citizen who applied for the job but Company A rejected him/her. USCIS thought that the candidate's qualification matched to what was submitted by Company A. Company A has challenged that case.

However, in parallel, they applied for a new GC application (Priority date 2016) which has an approved I-140.

 

Concerns:

1. With current US Administration, there has been an increased scrutiny of work visas. So we are worried that if I switch job now, chances of getting my visa or GC rejected are higher.

2. If I stay in Company A, we think that chances of getting my visa to get rejected is less. So best is to just wait for my GC. 

3. My wife's current situation is very fragile as she is in transition between two companies, we are worried that her visa and GC process might get delayed or potentially rejected.

 

 

[asikka]

if your new employer is genuine there is nothing to worry about