GC intitated, 1 yr left on H1, employer change.

[dilipzin]

I am not entirely sure if this is the right place to pose this question.

My situation: I am on H1-b with my current employer. There is a little more than a year left on H1 visa (it expires 1st April 2013). My green card is being initiated and last week my PERM was filed with Labor dept. Now my client has offered me a full-time position and is willing to do H1 transfer and GC too.

My Question:

With me in the last year of H1, should I

A) switch employer and start GC all over again? (considering that it already took 4 months for advertising and prevailing wages)

B) or stick with current employer and wait for 'I-140 to be approved and I-485 filed and is pending for 180 days or more' thing?

And by the way, the new job is in 'same occupational classification'.

Let me know your thoughts.

Thanks,

Dilip

[dilipzin]

0 replies, this is indeed wrong place.

[itsshanks]

0 replies, this is indeed wrong place.

0 replies, this is indeed wrong place.

Its your opinion if its a wrong place or not, for me this forum has been very helpful. You could have researched posts by several other members in similar scenario. Your LC petition MUST be in 365 days before your H1B ends, in order to get H1B extension beyond 6 years. You're right that it takes almost 3-4 months before filing LC. So you might be out of time. It won't matter though if your LC and/or I-140 is approved with your new employer. Its your decision to take its worth the risk. If I would have been in your shoes, I would have waited til Labor is approved, file I-140 under PP and then think about the job switch. For sure you should check this with an attorney but having an approved I-140 is little less risky.

[dilipzin]

By wrong place i meant not under I140 forum. I was not sure ti post my question in here or GC or under H1 b section. since i did not get reply for a while, i moved to GC section. Sorry for not being clear.

And thanks for your reply.