Question about switching EB3 to EB2 during 6th year of H1B

[Aristotles]

Hi, I am a full time employee for tech company. I also graduated from a US university with a 4-year BS.

I have completed 5 years worth of work experience and I believe that makes me eligible for the EB2 category.

My current H1B expires Sept 2012 and its the 2nd H1B term. My green card process was started a while ago, already have a labor certification and i140 approved. However still a while for my priority date. This is in the EB3 category.

My question is, if I switch jobs and get into one that can get me into an EB2 category, are there any restriction or risks of switching now considering my H1B expires in less than a year? What I learnt that switching categories requires a full process restart and a new labor certification. But I also read somewhere that its risky to start this process on your final H1B year. Is this true? Does this matter since I already have a labor certification from another category to fall back to? Considering the time it takes for labor certification + i140 to be over with, it will certainly go past my H1B expiry date.

Would it make sense to stick with my current job till after they extend my H1B next year and then think about switching jobs to get into EN2 category? Or does that make no difference?

Thanks

[Attorney_22]

Due to the complicated nature of your situation and proposed plan it is advisable to speak directly with a qualified U.S. immigration attorney prior to making any decisions. Generally, there are strategies that can be successful for starting a new PERM in the fifth year of the H1B limitation. The best strategy will change depending on your personal circumstances and the nature of the job change. Moreover, a four year Bachelor’s degree and five years of progressive experience will generally qualify for the EB2 category; however, the minimum requirements of the position must also require this level of qualification. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.