Changing jobs with approved I-140 EB1-EA

[dgrajan]

Dear all,

I DO NOT KNOW IF THIS THREAD IS APPROPRIATE HERE. BUT, I AM ALREADY SO USED TO THIS FORUM THAT I THOUGHT I WILL POST IT HERE AND GET YOUR KIND INPUTS.

Could anyone please offer helpful suggestions for my unique scenario.

My EB1-EA I-140 (self-filed, not sponsored by current employer) was approved yesterday. But, while the I-140 was pending there was another employer who has offered me a job (which is similar to the current one but different title). My questions are:

1. With my currently approved I-140, can I apply for I-485?

2. Does this I-485 form also require an employment letter?

3. If yes, can I use the current employer's and file?

4. After filing, can I then change to the new employer?

5. Or, can I file my I-485 after starting at the new job, and using their employment letter?

6. Or, should I wait for the 180 days after filing I-485 and then change the job?

6. My new employer is working on getting my current H1B transfered. With these things going on (especially the approved I-140) will the tranfer be possible?

I would greatly appreciate your kind responses. Thank you very much.

 

[civ2ru]

If you self-filed your EB-1 EA I-140, then it is not tied to your current employer or employment in general. The only requirement in EB-1 EA is that you intend to continue working in the field of your extraordinary ability.

You can change your job now, file I-485 now and you don't need ANY employment letter (neither from the old, nor from the new employer). Just to be safe, in your cover letter you can make a mention, "I am not including an employment letter, since my Form I-140, Immigrant Petition for Alien Worker, was self-petitioned under Section Alien of Extraordinary Ability, §203(b)(1)(A)". Just in case the officer should miss that distinction.

Congratulations and good luck!

 

[dgrajan]

If you self-filed your EB-1 EA I-140, then it is not tied to your current employer or employment in general. The only requirement in EB-1 EA is that you intend to continue working in the field of your extraordinary ability.

You can change your job now, file I-485 now and you don't need ANY employment letter (neither from the old, nor from the new employer). Just to be safe, in your cover letter you can make a mention, "I am not including an employment letter, since my Form I-140, Immigrant Petition for Alien Worker, was self-petitioned under Section Alien of Extraordinary Ability, §203(b)(1)(A)". Just in case the officer should miss that distinction.

Congratulations and good luck!

Thank you very much civ2ru. That is big relief. Thanks again.