To move or not to Move (H1B Transfer)

[user1111]

Hi Guys,
First of all thanks to all the greats who are analyzing the situations constantly and providing a lot of help to the lost ones (me being one).

Here is my predicament, hope I can get some advice from your folks:

PD: June 2010.
I m planning to change my current employer (H1 Transfer) due to some issues.
The new company files for my GC immediately, it would take 6 - 8 months for the labor filing to complete, and then they would file for my I140 with a request to port the old I140's date.
My question now is that what if my PD of June 2010 becomes current in between this time? I am thinking would I be in a fix if it becomes current, and for any reason they are not able to port my older date etc.

So I am in two minds to move or not to move now....

Any advice is greatly appreciated.

Thanks
User1111

[Kanmani]

User1111,
Welcome to the forum!

I don't think your PD is going to go current any sooner, unless a miracle happens, September bulletin is out of picture for your PD.

There will be a retrogression in the beginning of next FY 2014, assuming the same pattern of movement is followed in 2014, you have plenty of time to restart your GC.

Another option could be if your current employer is willing to keep the Job offer open (apart from the issues you have mentioned) you can file your I-485 with the Employment Verification Letter of the Sponsor( Current employer) while you are physically working for company B.

[user1111]

Thanks Kanmani for the advice. Yes I was not expecting it to be current in September Bulletin (unless there is serious divine intervention!).
But my concern was if it moved ahead in FY 2014 instead of retrogressing (like it did two years ago), then I would be in an undesirable position.
But looks like (from other folks and threads as well) that retrogression is inevitable for a few months again in FY 2014.

Thanks a lot for the insight.

Thanks
User1111

[Spectator]

I would concur with Kanmani.

Without CIR passage, there isn't a credible scenario that would make your PD Current in FY2014 at any point. In fact I would say it won't become Current in FY2015 either.

[user1111]

Thanks for the reconfirmation (albeit a painful one, that we may not be current in FY2015 either )