
Originally Posted by
Pedro Gonzales
Texan,
I was in a similar boat, so maybe my decision process may help you. I had interest from a prospective employer offering me my 'dream job' 3 months ago (July/August) and with a PD of April 25 2008, I was uncertain as to whether to take the plunge now or wait it out. I decided to accept the offer contingent on their applying for my GC immediately. My rationale was as follows:
a) No one knows how long it will really take to get the GC/EAD. At the earliest, I was looking at being able to apply for my I485 in late 2011 which would mean i could make a move in summer of 2012. While there aren't many people around with my exact skillset, I couldn't be sure that the offer would remain until next summer.
b) With a move, if the new employer starts the GC process right away, I could port my PD and April 2008 would likely be current by the time my Labor clearance is received (~8 months from August = April 2012), so i would be able to concurrently file for my I140/I485 so in reality, i wouldn't be more than 4 or 5 months later than my best case scenario if i'd stayed on with my current employer.
c) the only risk with a move would be if the dates were to move forward and then retrogress (like in July 2007) while I was still in the labor process, i would have missed a window to get my EAD. General consensus is that that is highly unlikely to happen. We are more likely to see small sustainable moves forward with smaller term retrogression.
Ultimately your call. I am in general, more risk tolerant and less likely to pass up an opportunity to better my position than most. You need to introspect and figure out where you are on the risk spectrum. As it turned out, I ended up not getting/taking the job because the company wouldn't be able to apply for my GC right away, and there was no way to be certain of when they could. We've agreed to get back in touch next summer and see where things stand.