AC21 for EB1(OR). How to proceed?

[UnFort_User]

I switched over my job to company B when my I140 was under processing with company A.

After two months my I140 got approved. I filed I485 based on future employment offer from company-A.

All these things happened during May-2002.

Now, i finished my FP and waiting for my approval.

What are the possibilities of getting RFE?

Company A may not cooperate now as we have some misunderstanding.

If RFE comes, can i use AC21 for my case (EB1-OR) of same job title? But, this company B may not have the requirements for EB1 (OR) case. That is, academic research work and publications etc. But, both company A and B are consulting companies. Both don't do any academic research or publications.

Please suggest.

 

[harvydonald]

when did you do you FP
if you did your FP around June-August 2003 your chances of getting approved without an RFE are high....else count on an RFE...
They are trying to approve cases where FP is close to expiring quickly...else....stupid RFEs....

 

[budboy]

UnFort_User,

Your case is tricky for 2 reasons: (1) you switched jobs even before your I-140 was approved and (2) it appears that the job that you do has changed.

For (1) you should consult a good immigration lawyer.

You may be on safer ground with respect to (2). One could argue that the OR classification applies to you (based on your research record) and not to the employer who sponsored your I-140. Even though the EB1(OR) category requires employer sponsorship, there is no LC involved -- in that sense the I-140 is not job-specific. The only thing is that the OR-sponsoring employer is required to employ at least 3 full-time researchers -- if company B does that, then I think your case can be successfully argued. But in any case, talk to a lawyer just in case a RFE is issued.

I switched over my job to company B when my I140 was under processing with company A.

After two months my I140 got approved. I filed I485 based on future employment offer from company-A.

All these things happened during May-2002.

Now, i finished my FP and waiting for my approval.

What are the possibilities of getting RFE?

Company A may not cooperate now as we have some misunderstanding.

If RFE comes, can i use AC21 for my case (EB1-OR) of same job title? But, this company B may not have the requirements for EB1 (OR) case. That is, academic research work and publications etc. But, both company A and B are consulting companies. Both don't do any academic research or publications.

Please suggest.