Can EB2(NIW) applicants change job after 485 filing?

J

Jerry Chou

Registered Users (C)
We filed 485 based on EB2(NIW). RD/ND 06/99. FP 04/00. Is it OK
to change job before our 485 getting approved? Since according to
INS rule, EB2(niw) category shall not be limited by the sponsor.
Also, does anybody know if a new I140 needed to be filed when move
to the new position? Thanks.
 
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This is a loaded question for which there is no easy answer. It basically comes to working in the same field based on which you got your I-140 approval. The problem is that the interpretation of the "field" is totally at the discretion of the INS or more specifically at the discretion of the officer looking at your file at the time of adjudication. If you want absolutely "zero" uncertainty about being able to convince the INS at a later date, then don\'t change jobs. This is basically what I have done. Unfortunately, in the process I have let go of a lot of good opportunities.
 
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When you move within the same institution (university or institute), you are safe. Sometime graduate student can also move to postdoc position at a different school as long as you prove you work in the
same field the NIW petition was for. Your publication or mentor\'s letter may serve as the supporting material. It is a little bit tricky to for other situations, but EB2 unlike EB1 shall not be restricted to the original employee. Also, you should consult with your lawyer to see whether a new I140 is needed when you move to your new position. Most likely INS will accept the substitute I140 approval and retain your I485 ND/RD for processing.
 
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