Changing of job (University to company)

M

madgu-gc2005

Registered Users (C)
Hi,

I would appreciate your feed back on the following

My I-140 was approved under NIW (EB-2) about 2 months before.

Can I switch my job from academic environment (non profit organization) to the company environment (profit organization) where my salary will be certainly double than what I get now? If so will it affect my I-485 process? (7 months passed as for as I-485 filing is concerned)

The research I am doing now will be different if i join in a company as an Analytical chemist/research scientist/Chemist/Quality control chemist. But in broad sense I will be still in Chemistry field.

What are the important points do you think I should consider so that I-485 process will not be affected?

Please give me your valuable feed back.
 
ideally for NIW job requirement of wavied
so it shd not be a problem
you need to just work on similar field to avoid any probs with I-485.
enjoy your new job perks.
 
nsceb1 said:
ideally for NIW job requirement of wavied
so it shd not be a problem
you need to just work on similar field to avoid any probs with I-485.
enjoy your new job perks.
Click to expand...

Thanks nsceb1. Similar field means i should stick to Chemistry since i am in chemistry field (over all) now. Do you mean that? But certainly the branching of chemistry will be different when I go to companies. Last year I got a job offer and they told me that they will sponsor my H-1B. Ofcourse my present status is H-1B.

My another question is: I-140 is approved on the basis of the research that I am doing now should be of National Interest. When I join in companies then I am deviating from the purpose for which I have got approved (I-140). Am I saying correctly? Please clarify. I would appreciate your insight.

What if there is an RFE on my job when USCIS is adjudicating my I-485? what kind of RFE i can expect from them? I am just anticipating these kind of questions from USCIS.

Thanks
 
Just so you know...

I would recommend you to check the Job Code in your application. you probably have a code realted to the Education field. I was also working at a University (a private one, for profit) involved in software development...teaching included. I moved to work in industry doing software development still working as an adjunct at the university. My I-485 got denied (after 3 years waiting) citing that I was not performing a "same or similar" job. I went back to work full time at the university and reapplied I-485 (thanks to 245i and $1000). My I-485 was approved in 3.5 months.
I believe it depends who gets to look at your situation, but I read here that for most adjudicators what matters is the job code from your original application.
 
crema2000 said:
I would recommend you to check the Job Code in your application. you probably have a code realted to the Education field. I was also working at a University (a private one, for profit) involved in software development...teaching included. I moved to work in industry doing software development still working as an adjunct at the university. My I-485 got denied (after 3 years waiting) citing that I was not performing a "same or similar" job. I went back to work full time at the university and reapplied I-485 (thanks to 245i and $1000). My I-485 was approved in 3.5 months.
I believe it depends who gets to look at your situation, but I read here that for most adjudicators what matters is the job code from your original application.
Click to expand...

Hi crema2000,

what is 245i? once your I-485 is denied how could you apply again? what was the time gap between denial and refiling. can you work in two places (working as an adjunct in university and in company)? were you on H-1B at that time? actually i am atsea.

where can i find the job code? I hired a lawyer for filing both I-140 and 485.
 
well ...it is always recommended to work in similar area of research. If you can justify that requirment then you will be fine. Avoid risk!!
 
eb1doc said:
well ...it is always recommended to work in similar area of research. If you can justify that requirment then you will be fine. Avoid risk!!
Click to expand...
How much waiting time are you looking at if your NIW is approved and if your PD is current? Any idea. I will be in same boat as magdu-gc2005 (once 140 is approved). So if 485 can be rejected on the basis of job change then I will have to consider sticking with my job till I get 485.
 
madgu-gc2005 said:
Hi crema2000,

what is 245i? once your I-485 is denied how could you apply again? what was the time gap between denial and refiling. can you work in two places (working as an adjunct in university and in company)? were you on H-1B at that time? actually i am atsea.

where can i find the job code? I hired a lawyer for filing both I-140 and 485.
Click to expand...

Interesting things happen everywhere. My LCA dates from 98. I qualified for 245i that although a dreaded provision that more than likely fired up retrogression, allowed me to apply again for I-485 even when I was out of status on the moment I got the denial of my first I-485, that happened in late May 2005. In that moment I was working in a company and teaching at two different colleges inclusing that one I work now full time...the ones who filed my I-140.

I was ready to file again in July, but due to retrogression, no visa numbers were available at all. I had to wait until October of 2005 I was on EAD then. I talked to a couple of lawyers (informal conversations, I never used lawyers in my process) and they told me to keep working. I actually find it weird, they told me that although I was out of status, the EAD was still valid because I did not received any notification stating that it was getting cancelled...never read something like that. Anyway I was also covered by 245i for that respect.
October 2005 came, and I applied sending all the possible documentation including letter of the University saying that I was working full time there....and of course the additional $1000.
I still find amazing that the first time around applying single, got through multiple RFEs and so on got denied. The second time, filed married, did not get any RFE and in just 3.5 months got my GC.
As an anecodote, I can cite that In October I also filed to renew my EAD that was to expire in mid January 2006. I received the EAD for Christmas and found that the dates were wrong...it was expiring in Jan 2006 instead of 2007. I sent the card back, and when I read the e-mail of the I-485 aproval, at first I thought it was a notification about the EAD. Then I realized that it was the I-485 aproval. Funny thing, days after I got the GC, I got a letter from USCIS letting me know that because I was a PR, I did not need an EAD and therefore the request to fix the error in the EAD was denied....my wife also got the same letter later. It did felt like flushing $360 down the toilet, but I had my GC so I could care less. I am still working at the University, but from time to time the bug of going back to industry tempts me a lot...
 
crema2000 said:
Interesting things happen everywhere. My LCA dates from 98. I qualified for 245i that although a dreaded provision that more than likely fired up retrogression, allowed me to apply again for I-485 even when I was out of status on the moment I got the denial of my first I-485, that happened in late May 2005. In that moment I was working in a company and teaching at two different colleges inclusing that one I work now full time...the ones who filed my I-140.

I was ready to file again in July, but due to retrogression, no visa numbers were available at all. I had to wait until October of 2005 I was on EAD then. I talked to a couple of lawyers (informal conversations, I never used lawyers in my process) and they told me to keep working. I actually find it weird, they told me that although I was out of status, the EAD was still valid because I did not received any notification stating that it was getting cancelled...never read something like that. Anyway I was also covered by 245i for that respect.
October 2005 came, and I applied sending all the possible documentation including letter of the University saying that I was working full time there....and of course the additional $1000.
I still find amazing that the first time around applying single, got through multiple RFEs and so on got denied. The second time, filed married, did not get any RFE and in just 3.5 months got my GC.
As an anecodote, I can cite that In October I also filed to renew my EAD that was to expire in mid January 2006. I received the EAD for Christmas and found that the dates were wrong...it was expiring in Jan 2006 instead of 2007. I sent the card back, and when I read the e-mail of the I-485 aproval, at first I thought it was a notification about the EAD. Then I realized that it was the I-485 aproval. Funny thing, days after I got the GC, I got a letter from USCIS letting me know that because I was a PR, I did not need an EAD and therefore the request to fix the error in the EAD was denied....my wife also got the same letter later. It did felt like flushing $360 down the toilet, but I had my GC so I could care less. I am still working at the University, but from time to time the bug of going back to industry tempts me a lot...
Click to expand...

The 'going to the industry' bug has been biting me since last year. But so has been the bug to get the GC... both look like the pot of gold at the end of the rainbow right now... :)
 
crema2000 said:
Interesting things happen everywhere. My LCA dates from 98. I qualified for 245i that although a dreaded provision that more than likely fired up retrogression, allowed me to apply again for I-485 even when I was out of status on the moment I got the denial of my first I-485, that happened in late May 2005. In that moment I was working in a company and teaching at two different colleges inclusing that one I work now full time...the ones who filed my I-140.

I was ready to file again in July, but due to retrogression, no visa numbers were available at all. I had to wait until October of 2005 I was on EAD then. I talked to a couple of lawyers (informal conversations, I never used lawyers in my process) and they told me to keep working. I actually find it weird, they told me that although I was out of status, the EAD was still valid because I did not received any notification stating that it was getting cancelled...never read something like that. Anyway I was also covered by 245i for that respect.
October 2005 came, and I applied sending all the possible documentation including letter of the University saying that I was working full time there....and of course the additional $1000.
I still find amazing that the first time around applying single, got through multiple RFEs and so on got denied. The second time, filed married, did not get any RFE and in just 3.5 months got my GC.
As an anecodote, I can cite that In October I also filed to renew my EAD that was to expire in mid January 2006. I received the EAD for Christmas and found that the dates were wrong...it was expiring in Jan 2006 instead of 2007. I sent the card back, and when I read the e-mail of the I-485 aproval, at first I thought it was a notification about the EAD. Then I realized that it was the I-485 aproval. Funny thing, days after I got the GC, I got a letter from USCIS letting me know that because I was a PR, I did not need an EAD and therefore the request to fix the error in the EAD was denied....my wife also got the same letter later. It did felt like flushing $360 down the toilet, but I had my GC so I could care less. I am still working at the University, but from time to time the bug of going back to industry tempts me a lot...
Click to expand...

By the way where can I find the job category? I am not sponsored by my university. I got I-140 approval under NIW-eb2 category. what is 245i?

do you think till I get my I-485 approval i have to stick around the university. If my boss runs out of fund then can I be out of job for sometime?
My wife also works like me on H-1b status. I am kind of tied up because of these confusions.
 
NIW has that advantage over Eb1 categories as job is not prerequisite
if your boss runs out of funds then you can afford to stay without job or take on similar job as NI of NIW. ....remaining jobless will not hurt (technically if it is for short period) ........don't bother about 245i..........it is term ultimately responsible for to mass retrogression...which you shd not be concern about now....
 
eb1doc said:
NIW has that advantage over Eb1 categories as job is not prerequisite
if your boss runs out of funds then you can afford to stay without job or take on similar job as NI of NIW. ....remaining jobless will not hurt (technically if it is for short period) ........don't bother about 245i..........it is term ultimately responsible for to mass retrogression...which you shd not be concern about now....
Click to expand...

Thanks eb1doc. Because my wife too works in the same place where I work (different department). trying to get similar job in the same state might be tough and that is what the problem lies. when job is not prerequisite for NIW cases then why USCIS is bothering to see whether the person working in the same field or not (The term same or similar field is confusing me a lot).
 
madgu-gc2005 said:
Thanks eb1doc. Because my wife too works in the same place where I work (different department). trying to get similar job in the same state might be tough and that is what the problem lies. when job is not prerequisite for NIW cases then why USCIS is bothering to see whether the person working in the same field or not (The term same or similar field is confusing me a lot).
Click to expand...

The NIW petition is based on argument that national interst will be served by you ...when you are not doing that then it becomes argumentative....so when u don't have job they assume u are not doing NIW........job is important in Eb1 categories but i personally think by having job they mean permanent.....but in case of NIW they want to say/see....some kinda of NI job..................
 
If I were you I would definitely take the new job now and only take care of 485 later when there is a problem. If you are lucky, you may not receive anything rather than an approval notice. But of cause it is likely that you will receive a RFE (especially if you move to a new place with the new job), asking you to show that you intent to work in the same or simillar field. In my opionion, as long as you are working or plan to work in Science or Engineering rather than working as Taxi driver, you are fine. Please remember GC is for future job, even you are a Taxi driver by the time of RFE, you should still be fine if you can prove that you plan to work in the field of your expertise. But of cause, if you receive a RFE, you have to be very careful, try to show that you are working in the same field, (mentioning simmilarities rather than explaining the differencees which may makes things worse), and ask your new boss to write a letter for you mentioning that what you are doing is of national interest. Respond to the RFE with a pakage simillar to the one you sent for 140. Since you were able to get your 140 approved, how can there be a problem this time? You know GC usually takes several years. During this long waiting period, one certainly looks for career growth. GC should not prevent you from career growth, it should not prevent you from doubling your salary.

By the way, my EB1A was based on Physics. By the time I received a RFE for my 485, I changed job twice and was working as an Electrical Engineer. My 485 got approved within 3 days after my response to RFE was received.

Good luck with your new job!

Lao-Yi


madgu-gc2005 said:
Thanks eb1doc. Because my wife too works in the same place where I work (different department). trying to get similar job in the same state might be tough and that is what the problem lies. when job is not prerequisite for NIW cases then why USCIS is bothering to see whether the person working in the same field or not (The term same or similar field is confusing me a lot).
Click to expand...
 
Lao-Yi said:
If I were you I would definitely take the new job now and only take care of 485 later when there is a problem. If you are lucky, you may not receive anything rather than an approval notice. But of cause it is likely that you will receive a RFE (especially if you move to a new place with the new job), asking you to show that you intent to work in the same or simillar field. In my opionion, as long as you are working or plan to work in Science or Engineering rather than working as Taxi driver, you are fine. Please remember GC is for future job, even you are a Taxi driver by the time of RFE, you should still be fine if you can prove that you plan to work in the field of your expertise. But of cause, if you receive a RFE, you have to be very careful, try to show that you are working in the same field, (mentioning simmilarities rather than explaining the differencees which may makes things worse), and ask your new boss to write a letter for you mentioning that what you are doing is of national interest. Respond to the RFE with a pakage simillar to the one you sent for 140. Since you were able to get your 140 approved, how can there be a problem this time? You know GC usually takes several years. During this long waiting period, one certainly looks for career growth. GC should not prevent you from career growth, it should not prevent you from doubling your salary.

By the way, my EB1A was based on Physics. By the time I received a RFE for my 485, I changed job twice and was working as an Electrical Engineer. My 485 got approved within 3 days after my response to RFE was received.

Good luck with your new job!

Lao-Yi
Click to expand...

Thanks Lao-Yi. What was the content in RFE and how did you respond? Please highlight. when was your I-485 approved? I filed both I-140 and 485 through an attorney. What are the evidences you showed that you are in the same or similar field?
 
madgu-gc2005 said:
Thanks Lao-Yi. What was the content in RFE and how did you respond? Please highlight. when was your I-485 approved? I filed both I-140 and 485 through an attorney. What are the evidences you showed that you are in the same or similar field?
Click to expand...


My RFE was asking me to show I intent to work in the same field. I responded with two main points: 1. Three newly published papers, mentioning that was published after the approval of my 140, which shows that I continue to work and made progress in the field of my expertise. 2. A letter from my new boss, saying that how important my expertise is for my new job (do you think your boss will hire you if your expertise is not important, we are not working in Wal-Mart, are we?). My 140 was approved in 2002, and 485 in 2004. I filed both by myself.
 
madgu-gc2005 said:
Hi,

I would appreciate your feed back on the following

My I-140 was approved under NIW (EB-2) about 2 months before.

Can I switch my job from academic environment (non profit organization) to the company environment (profit organization) where my salary will be certainly double than what I get now? If so will it affect my I-485 process? (7 months passed as for as I-485 filing is concerned)

The research I am doing now will be different if i join in a company as an Analytical chemist/research scientist/Chemist/Quality control chemist. But in broad sense I will be still in Chemistry field.

What are the important points do you think I should consider so that I-485 process will not be affected?

Please give me your valuable feed back.
Click to expand...


What kind of research are you doing now and what kind of research will you do in the company. That both are chemistry based doesn't mean that they both cover NIW. I am also chemists, so you can go into details which would help to determine if there migth be a risk or not.
 
honkman said:
What kind of research are you doing now and what kind of research will you do in the company. That both are chemistry based doesn't mean that they both cover NIW. I am also chemists, so you can go into details which would help to determine if there migth be a risk or not.
Click to expand...

I am a food/colloid/analytical/physical chemist and working with detergents.
 
madgu-gc2005 said:
I am a food/colloid/analytical/physical chemist and working with detergents.
Click to expand...


What kind of projects is your NIW based on and what kind of chemistry will your job in the industry based on ? That is the important question for you regarding possible problems in the future
 
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