Changing jobs while EB1-EA is pending approval?

N

nmr_900

New Member
Hi all,

I came to know about this just today. There is a possibility (not 100% sure though) that I may have to move along with my supervisor to another university early next year. I have a EB2 (NIW) I140 approval (RD and PD 09/30/05; ND 10/04/05; AD 10/28/05; and a pending I485 at TSC along with EAD and Travel doc. I485-under retrogression

During the past few weeks I was preparing myself to submit a I-140 under EB1-EA and I am all set to file the petition and this news about moving came and I am wondering whether to file now or wait until our move is really confirmed. Any advice on this is greatly appreciated.

Thanks a lot
 
I don't know the answer to your particular question, but here is my general understanding of EB-1 EA category (hopefully it might illuminate something):

http://www.uscis.gov/graphics/servi...final110303.pdf,

"EMPLOYMENT IN THE US
Strictly speaking, the alien of extraordinary ability need not be seeking “employment” in the United States. The alien must, however, be coming to the U.S. to continue to work in the area of the alien’s extraordinary ability. Thus, the alien must present employment offers, prearranged commitments, arrangements to engage in self-employment, or other evidence showing that the alien will continue to work in the area of the alien’s extraordinary ability."

204.5(h)(5) of 8 CFR, http://www.uscis.gov/lpBin/lpext.dl...mplates&fn=document-frame.htm#slb-8cfrsec2045,

"No offer of employment required. Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States."

The EB-1 EA category is achievement based. I wouldn't worry about employment issues as long as you can prove your intent to continue working in your field. Hope this helps!
 
Thanks civ2ru. I read the articles you mentioned and seems to be nothing specific. Since I am not sure if I will be moving (its 5 to 6 months away in the worst case it happens) I am going to stick to my plan and submit the petition asap.

What about the AC21 law that requires 180 days of employment? Does this apply for EB1 as well? Any idea? Thanks.
 
My understanding is that if you self-petition for EB-1 EA, your employment is not a requirement or an issue. As long as you intend to continue working in your field. I'm not an attorney. Let's see if someone else can chime in as well.
 
This is a very interesting discussion. Because I am also interested in EB1 EA future employment issue. I had my current employer petition for me. I didn't petition myself, just thinking it looks a little better that way. I am waiting for my green card in mail now, and sarted thinking if I can move on and get a job with another compnay. I am self-employed right now (a partner with my 'employer'). I know other categores get in trouble for changing their employers after approval. I mean, gc can even be revoked if that happens. Now what about EB1 EA employement?
I read the laws, and I agree, they are so broad. After all the trouble I don't want to screw this up.
Thanks for any opinion.
 
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