Changing Jobs with I-485 pending

[wznzu]

I need some advice from some of the members on this forum based on knowledge/experience.  I would appreciate any assistance.  Here are the facts of my case:

 

• I have a EB2 green card file for India.
• My I-485 has been pending for a year.   
• My priority date is May 2009. 
• I currently have H1B and EAD/AP valid for 2 years
• I am considering switching jobs within my company to a different geographical location, same job description. 

 

My questions are as following:

1. Would I be eligible to switch jobs since my I-485 has been pending for over a 1 year under AC21 without having it negatively affect my greencard file? 
2. Is it wise to consider making the switch at this time?  The visa bulletin has shown some movement in EB2 India category, USCIS seems to be processing cases from January 2008. 
3. Is there a chance that there will be movement enough for them to reach May 2009 this year or the next year?
4. I am trying to find out the complexity of paper work involved to determine if my new facility would be willing to complete the paper work and the estimated expense associated with it.  My job description will stay the same, only the geographical location will be different. What forms will they need to be file if I was to switch jobs? 
5. Should I ask my employer to transfer my H1-B?  Will they have to complete a new labor certification?

I would really appreciate any assistance/advice.

 

[Belle]

1. Most likely. Is your I-140 approved?

2. Do what is wise for your career. Think about it, why do you need a green card? To help your career? If so, then scarificing your career to get a green card makes no sense.

3. Nobody can tell.

4. It's one short letter accompanied by a job offer. Moreover, there is no requirement to send it voluntarily, and there is no restriction on when it can be sent (other than sending it while I-485 is pending).

5. You can ask. No LC is required.

 

Get a paid consultation with a good immigration lawyer. It will do you a lot of good.

[wznzu]

Belle, thanks for your advice.  Yes I-140 is approved.  One hurdle at a time, once the green card is done, gives one the freedom to make sound choices in terms of career.  Although like you said with USCIS it is impossible to predict-if things are going to move in the next 3 months, it makes no sense switching and risking a RFE, but if it takes a year would rather switch, hence the dilemma. 

 

Thanks again.

wznzu

[Belle]

Well, let's say, things move, and you have your green card approvedin 3-4 months. Then, you will have to stick with the original employer. Tell me again, what would you accomplish other then selling your career for a green card?