Switch jobs - H1 valid for 1 year 7 months

[bhbh1316]

So my H1 is expiring in Jan 2017. My company applied for my PERM last month (May 2015). If I go with a priority 140, I will be getting an approved 140 by March 2016. I had a fast track career that suddenly became slow track and I am looking to shift jobs. My options are below:

1. Shift now and hope that my new employer can file for PERM before Jan 2016. Is this possible?

2. Wait for 140. Do we get EAD immediately after 140, based on the new rules? Can I shift jobs then?

Could you please help me with the questions above and provide opinions?

[shervin143]

1. Shift now and hope that my new employer can file for PERM before Jan 2016. Is this possible?
>>> Possible. PERM can be filed before the end of the year if the process is started right away. But it depends on the employer. 7th year extension based on the PERM is not possible in this case. To get the 7th year extension, either the PERM should be filed 365 days prior to the end of the 6th year or both PERM and I-140 should be approved before you can file the extension, which looks impossible in your case.

2. Wait for 140. Do we get EAD immediately after 140, based on the new rules? Can I shift jobs then?
>>> What new rule are you talking about? EAD can be applied only while filing I-485. The new rule only apply for H4 dependents to get their EADs based on their spouse's approved I-140 petition.

[bhbh1316]

Here are the links - the language is as vague as possible

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1615-AC05

http://www.uscis.gov/immigrationaction#4

[shervin143]

These are proposals to fix the existing immigration system and they haven't been executed as law. These ones do not currently exist. These are part of the proposal to fix the issues with the current immigration system.

Here are the links - the language is as vague as possible

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1615-AC05

http://www.uscis.gov/immigrationaction#4