Change of employment and filing I-485: please advise

[shastina7]

I have just applied EB2-NIW, I-140 non-concurrent (no I-485 submitted yet). Was going to apply I-485 later in case I-140 gets approved.
Meanwhile, I am going to change my employer within a month (same job area/type though).
As I started looking up evidences I have to submit while filing I-485, I have run into the following requirement:

"14.B. If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you."

Does it mean I'd better hurry up and submit my I-485 now while my I-140 is pending and I am still employed where I am now? Does it matter my current or future employer would write a letter for me if I did NIW? (should not by the common logics but who knows)

Could you please advise me on that? Much appreciated!!

 

[nelsona]

Your entire petition (i-140 and i-485) is based on you having a sponsor. Changing employer (and presumably no longer using the first employer as sponsor) will require a new I-140. Only once your I-485 is pending for 6 months can you then 'keep' the oldd I-140/i-485 going with new sponsor.

Even if you apply I-485 tomorrow, you would still need to file a new I-140 (and maybe a new I-485 too) with the new emplyer as sponsor.

 

[GC_Dec2002]

I have just applied EB2-NIW, I-140 non-concurrent (no I-485 submitted yet). Was going to apply I-485 later in case I-140 gets approved.
Meanwhile, I am going to change my employer within a month (same job area/type though).
As I started looking up evidences I have to submit while filing I-485, I have run into the following requirement:

"14.B. If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you."

Does it mean I'd better hurry up and submit my I-485 now while my I-140 is pending and I am still employed where I am now? Does it matter my current or future employer would write a letter for me if I did NIW? (should not by the common logics but who knows)

Could you please advise me on that? Much appreciated!!

Don't change employer without I-140 approval. Once approved your I-140 thne you can change employer and file I-485 on old PD and I-140. After 180 days if you want you can file AC21 other wise wait until appove AOS. Mean while you have to maintain H1B status on both sides (Old & New employers). That is safest thing I did.

 

[nelsona]

Don't change employer without I-140 approval. Once approved your I-140 then you can change employer and file I-485 on old PD and I-140. After 180 days if you want you can file AC21 other wise wait until appove AOS. Mean while you have to maintain H1B status on both sides (Old & New employers). That is safest thing I did.

Indeed, the I-140 being approved is a pre-conditioon to any use of AC21.

There is no need to keep H1 however, once you have EAD. Given the advantages of AC21 and of getting EAD, it almost never makes sense to delay I-485 filing (if your PD is current) to wait for I-140 approval. You never know when I-485 PD will become severely retrogressed.