Changing jobs with 8 months on H1b and perm just starting

[harram2009]

Hello,

I am currently on my 6th year of H1B (visa expiry on 1/30/2012). My current company is in the process of filing my perm (recruiting is wrapping up). I have about 51 days in recovery time. I have a job offer in hand. I were able to proceed with the job opportunity with a new employer, is there too much of a risk involved? Would it be possible to get the labor approved at the new place before Jan 2012. Would it be better if I wait until I clear I-140 at my current employer, receive a 3 year H1b extension and then move to a new job? Thanks so much.

Thanks so much

[Attorney_17]

It probably would be better for you to wait until the I-140 petition and the 3-year H-1B (change of employer) petition get approved before joining new employer. However, it would be prudent to schedule a consultation with a qualified immigration attorney to discuss the pros and cons of staying with your current employer vs. changing to new employer. Please note that getting the PERM approved, by itself, will not help you obtain H-1B extensions beyond the six year limit. An individual can apply for 1-year H-1B extensions beyond the six year limit if at least 365 days have passed since the filing of the PERM. In addition, a person can apply for 3-year H-1B extensions beyond the six year limit if the I-140 petition gets approved and the person's Priority Date is not current.

[harram2009]

Thank you very much for the reply. I learned today that the ideal time to change jobs would be after i-140 approval. But that there is a risk in that if the i-140 petition is withdrawn by the previous employer. In this case, I would have to permanently leave the country. I would greatly appreciate your help in understanding how to mitigate the risk. (once the 3 year H1b is transferred and approved by the new employer, would the risk no longer be active?)