Can I change employers before my GC interview if my I-140 is approved (NIW) ?

pigblackdog

Registered Users (C)
Hi, there.

Actually, I searched the FAQ on this website, and found this question/answer already, as shown below. However, I am still not very sure about that. I filed I-140 (NIW) in June 2002. It was based on that my research is in the interest of public health. I am doing some life science research in university. Is this that case that "the basis of granting the NIW is the work done while being employed by a specific employer"? Or, I belong to "all other NIW cases"?

I just want to change a job soon, to probably medical instruments industry. It will seem that I change the job field. So if it is not recommended to do that before GC interview, can I do that after the GC interview, without any worry? (I am still waiting for the approval of I-140, but about to file I-485 "concurrently").

Thanks for any input.

Q54 Can I change employers before my GC interview if my I-140 is approved on the grounds of a national interest waiver (NIW)?

A54 If the basis of granting the NIW is the work done while being employed by a specific employer, then the alien worker must intend/continue to work for the employer at the time of the GC interview (in general). It may be possible in some cases to change employers provided the worker's job duties and responsibilities will be similar to those while employed with the previous employer and therefore, it is still in the national interest. In all other NIW cases, changing jobs before the GC interview has no consequence at all.
 
NIW

If it is your self petitioned NIW, then you can change your job any time/any day. you have nothing to do with your emplyer, but you have to work in the same field with your I-140. Mine is also self petitioned NIW.
 
how to define "the same field"?

I know that I have to change job in the same field. However, I am working in a university, doing biology research. However, I want to change job to industry, and maybe some microscopy related instruments company. I don't know if it will be in the same field. Maybe they are not even close? :( My NIW was filed for the interest of "public health". Is that possible medical instruments, or research related microscopes are "public health" related? :confused:
 
Can somebody (especially, Brian) explain to me what exactly self-petitioned case is? I did NIW without employer sponsor but I hired my own lawyer to process the paperwork for I-140. Is my case self-petitioned case?

Can I change job at any time?

Thanks,

Jeff
 
Originally posted by bubblecfd
Can somebody (especially, Brian) explain to me what exactly self-petitioned case is? I did NIW without employer sponsor but I hired my own lawyer to process the paperwork for I-140. Is my case self-petitioned case?

Can I change job at any time?

Thanks,

Jeff

Yes, you have a self-petition.

Yes, you can change jobs, as long as you are still working in the same area as outlined in your petition. You should ask your lawyer if your next job is suitable.

Brian
 
This worries me. I wanted to change to a totally new job, from accademic to industry, and obviously different field: from biology microscopy study to microscope related instruments (even you see the same microscopy here, I guess these are different field).

What will happen if I do change to a different job?

:(
 
I am not sure if there is really a problem in your case. Surely the INS does not expect to you to do university research till the end of your life. I think it all depends on how you argue your case. You can state that your industry job in microspy instruments is still in the national interest as it aids basic research in biology, leading to identification of diseases etc. If you used a lawyer, then its his/her responsibility to see that things go through well. Otherwise you may also be able to hire a lawyer just for the I-485 stage. Or just have a consultation with a lawyer who is experienced in petitioning for biology researchers.

Please keep us informed.

PS: I am not a biologist
 
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