EB1-EA job change: URGENT

[gc_eb1ea]

My EB1-EA I-140 (self petition) is approved and my I-485 has been pending for the last couple of months. I also received my EAD card recently.

If I move to another job, in a similar area of research, is there a problem? Since my I-140 was not filed by an employer, do I need to wait for 6 months after I-485 as per AC-21? My instinct is that since it was a self petition, I could move to any job at anytime as long as the job profile is same. Can someone confirm that?

Thanks.

 

[Galactus]

No, you can change jobs as you want,, when you want, as long as the new job is close to your old one. You can't for example, be approved as a Civil Engineer and suddenly choose to be a painter. You have to be a Civil Engr for 6 months after you have your green card, and before that. Now, if you will jump off a ledge without being a painter tomorrow morning, but also need your GC-- get inventive-- be a painter by day, but publish civil engg papers on your own, by night till the six months elapses. While you wait for your 485, you really arent obligated to be a civil engr, but play it safe. My experience: attorneys are not very good at handing EB-1s. And inventiveness pays with USCIS- i suppose it proves the outstanding or extraordinday "ability".

 

[gc_eb1ea]

No, you can change jobs as you want,, when you want, as long as the new job is close to your old one. You can't for example, be approved as a Civil Engineer and suddenly choose to be a painter. You have to be a Civil Engr for 6 months after you have your green card, and before that. Now, if you will jump off a ledge without being a painter tomorrow morning, but also need your GC-- get inventive-- be a painter by day, but publish civil engg papers on your own, by night till the six months elapses. While you wait for your 485, you really arent obligated to be a civil engr, but play it safe. My experience: attorneys are not very good at handing EB-1s. And inventiveness pays with USCIS- i suppose it proves the outstanding or extraordinday "ability".

Thanks, Galactus. If I move, my new job will be in a similar area of research. Of course the job title and salary will be different but research wise it should be same what I claimed in my EB1-EA I-140. Just the company will be different. So, I guess, I should be fine. Thanks again.

 

[civ2ru]

gc_eb1ea,

You'll be just fine. EB-1 EA cases have no employer or salary requirement (especially since you self-filed). The only requirement is your intent to continue working in the field of your extraordinary ability.

 

[gc_eb1ea]

Thanks civ2ru. If I change job now with my EAD card, what happens to my wife status? She is currently on H4 visa and her EAD is also approved, but she doesn't plan to work for the next year or so. Will she lose her H4 status? If yes, what status will she be on?

 

[civ2ru]

Not sure - I've never been on H1, nor had dependents. Her H4 status might depend on you holding onto your H1. There are many H1 experts here, so I'm sure someone will chime in.

But even if she can no longer be on H4 after you switch, you will both in AOS pending status. And, since your EB-1 EA I-140 is approved and I-485 pending, approval of I-485 should really only be a matter of time for you now. Provided you don't have criminal history, and your documents and medicals are in order, and you show up for your FP appointments, and you don't intend to travel out of the country without AP.

Good luck to you!

 

[Galactus]

Her status is dependent on your status- if you are only keeping one, she can avail only the one you keep. So if you are off H1, she is off H4. She receives the AOS-under-review status, as a dependent, from you. Unless you have a reason to keep H1, such as not being subject to certain travel restrictions like flying Air India thru London, you should use your EAD. (assuming you have advance parole, if you wish to travel abroad).

Here is one specific EB-2 case: Husband has EAD, but to have job flexibility, keeps his H1, though it is past 6 years. Wife came to US on H4, wanted to work, so used her EAD, which then expired. Still is on EAD. He renews EAD and keeps H1 alive. When they travel abroad, she has to be careful, he doesnt. But, they are using the best of either thing.