Change of jobs after J1 waiver period.

[GC_KVA]

I have just completed two years on my j1 waiver in a small rural community in MN. I have applied for labor RIR/EB2 PD Jan05. Still pending approval.

I am just wondering about changing jobs after three year completion. I heard that you can retain your PD as long as new PERM/I 140 are approved.

Can anyone share their experiences about changing jobs after completion of three years of J1 waiver. Appreciate it.

 

[posmd]

Niw

Have you considered filing a NIW? It will give you more independence from your employer. The downside is you will have to be in a HPSA/MUA for 2 more years but it could be for any employer. It used to be that you could even be self employed but if you are from a retrogressed country you will need to maintain status otherwise ie H1b to complete the 5 yr period. Nevertheless, you will not need your employer to file paperwork for you hence they will not have that over you to use against you.
You apparently can keep your PD if you file a new 140 with a new employer. Technically you could even request them to transfer your current PD to your NIW petition, not sure they will agree but you could give it a shot. Consult a good attorney if you plan to change job.

 

[gondalguru]

The downside is you will have to be in a HPSA/MUA for 2 more years but it could be for any employer.
It used to be that you could even be self employed but if you are from a retrogressed country you will need to maintain status otherwise ie H1b to complete the 5 yr period.

Can u explain more. why one has to maintain status ie H1B and not use EAD with pending I-485 for self employment if one is from retrogressed country?

I am from retrogressed county and I have I-140 NIW approved with pending I-485. I am planning to use my EAD for self employment.

 

[posmd]

Can u explain more. why one has to maintain status ie H1B and not use EAD with pending I-485 for self employment if one is from retrogressed country?

I am from retrogressed county and I have I-140 NIW approved with pending I-485. I am planning to use my EAD for self employment.

I was referring to those who have yet to file the NIW petition. In that case since you could not file 485 due to retrogression then you have to maintain employment status some other way. In your situation you have already filed the 485, presumably for your entire family.