My H1-B expires in on Dec 19th 2012 and this is the final 6th year after recapturing all the time spent outside the country. My i-140 is pending with current company and priority date is July 22nd 2011 in EB3. I have an offer from another company, which is ready to file my green card in Eb2. They are telling me that we can transfer my H1 anytime now and then file my labor and i-140 in the next year and should get the approvals before December 19th 2012 and so I can renew my h1 fro 3 more years with them.

Is this safe to do? Isn’t it a requirement that labor should be filed 365 days before 6 years are up?

If I decide to move, can the new company capture my priority date in the new application? Should I wait for my i-140 to get approved with the current employer?