Change of employer, not job!

A

Animalia

Registered Users (C)
Dear Gurus,

Currently, I am on O1 status and will soon file petition for green card. I need your advice. I am working for a Govt (Department of X) as research scientist from last 7 and half months. Recently they have decided to close Department of X and move my job to Department of Y from coming July. Essentially; I will be doing same work for Department of Y. However, this transition deal is not yet finalized. Department of X and Y are two independent agencies for employment and other purposes.

1. Department of X has already signed my EB1OR petition but not yet filed. Now if we file for EB1OR now through Department X and after 4 months my job will go to Department of Y. How is that going to affect my already filed petition through Department X?

2. Due to the uncertainty surrounding this situation, I might change my job if opportunity becomes available. However, opportunity may come in next few months or may not come till a year due to nature of my job (i.e. opportunities won’t come frequently). Therefore, I am thinking to petition for both EB1OR (employer) and EB1 EA (self). What is your suggestion? Does USCIS allow petition for both OR and EA simultaneously? or should I go for EB1OR and EB2 NIW?

Thanks.
 
Hi Animalia,
I dont know the answer to (1), but regarding (2) -- it is good idea to file Eb1a, or Eb2-niw, or both of them, if you believe you qualify. You can file in all three categories if you want: Eb1a, Eb1b (OR), and Niw. Why not file Eb1a and/or NIW now, and after you switch to Dept of B, file Eb1b.
 
what happens to already filed petition?

My attorney believes that I am very well positioned to get EB1OR and EB2NIW approval. But he thinks that it would be tough (though not impossible -depending on my luck) to get EB1EA approval. Therefore, he still advised me to go for OR and NIW.

As per answer to Q1 above,
My attorney thinks that I work for a govt and Dept X and Dept Y are part of that govt although they are different dept. Therefore, he thinks that we would be able to convince USCIS that it does not matter whether I work for Dept X or Y as they are both parts of same govt and nature of my work/job is not really changing. I do not know whether USCIS would buy that one. Attorney also told me that if USCIS does not buy this argument, then we need to file another amended petition when my job shifts to Dept Y. Anybody has any comment on this matter or had experienced such situation, please advise.
P.S. This applies to my O1 status too!!! Looks like I still need to spend lot of money on attorney and filing fees.
 
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Please respond

I see that a lot of people are visiting this thread. I would appreciate few words from people is similar situation or who can advise on this matter!!!
Thanks
 
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I think you should file EB1 OR through dept Y, after your job transfer there. Attorney may be in hurry to make money, but then you will have sleep less nights.
 
Thanks

Thanks for the reply.
I thought so, attroneys wants to make money whenever they see a chance. However, I think that if petition is already filed then Dept Y will agree to resign. Right now, I am not sure if Dept Y will sign my petition since their HR is different from Dept X.

Any other suggestions?
 
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