EB1 how to continue i-485 before 180 days?

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needAgcNOW

Registered Users (C)
I got i-140 EB1 approved and recently filed I-485. I work for a university. But now I have to leave before the 180 days requirement because of lack of research funding. :(

I am looking for another non-profit organisation now (since this year's H-1b cap has reached, I cannot apply for industry openings). I think my current employer will not withdaw my application. But if I got an offer from another employer, similar job responsibilities, can I keep my pending i-485? How? Or what I should do?

I really do not ewant to start all over again! Thank you very much!
 
needAgcNOW said:
I got i-140 EB1 approved and recently filed I-485. I work for a university. But now I have to leave before the 180 days requirement because of lack of research funding. :(

I am looking for another non-profit organisation now (since this year's H-1b cap has reached, I cannot apply for industry openings). I think my current employer will not withdaw my application. But if I got an offer from another employer, similar job responsibilities, can I keep my pending i-485? How? Or what I should do?

I really do not ewant to start all over again! Thank you very much!
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If you are EB1-EA, you should be fine with another job. If you are OR, things might be difficult, so I would advise consulting a lawyer. A creative one might be able to get you through this. Good luck.
 
You have a problem. If you're an OR applicant you have to stay 180 with your current employer. It doesn't matter that he won't withdraw the petition. How much time do you have till 180 days?
The best course of action for you would be to find something at your present place - if it is large enough you should be able to do that, may be in a different deparment. A lot of my friends who started in Chem ended up in ChemE, MatSci and the like. Knock on doors if you have to.
Talk to your advisor. I can't believe he'd be so inept that s/he would not be able to find a way to support you for 3-4 months if he wanted to. Are you on good terms? I'm asking that because I've seen "the lack of funding" excuse come up on just one occasion in my career, and that was when my advisor wanted to get rid of a postdoc.
 
Then you have a problem. I'd try my best to secure a position within the same organization, apply for an EAD, and consult an attorney to figure what additional steps could be taken.
 
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needAgcNOW said:
I am OR

:mad: :(
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Hi need Ag...

Speak to your boss, if he can even hire you on part-time basis stick for 180 days.... I believe OR is even for part time (May be Gurus can throw some light). or take a part-time job with other faculty. I believe he would be sympathetic....
 
Formally your AOS petition becomes invalid when you leave your I140 employer before 180 days passed as it was stated in the earlier posts, but if you are willing to take a risk - get EAD card from that pending I485 of yours (it takes ~ 1 month right now) and find another position somewhere else using that EAD card. And ask your new employer to apply for H1B for you ASAP (in April for October 1, 2005). This can keep you afloat till H1Bs become available. Unexpired EAD card is valid unless it is revoked by USCIS - so you should be in status, right?

Be careful with the change of address issue. If moving out of town and you have to update your address with USCIS - they can use that info as an evidence to reject your AOS application. So either do not update your address during first 180 days (hoping your lawyer will keep you posted) or may be give them your friend's address who still lives in the area.

Good luck!
 
I got to know that some people say:

within the 180 days of I485, You do not physically need to remain at the employer during this time but the approval must reamin in place in order to move forward with your adjustment of status. This could be difficult to navigate.

does that mean I can change to a similar research job, as long as the previous employer does not withdraw the application?


:confused:
 
No that's not true you need to and have to stay with your employer for 180 days. What these folks refer to is that if your employer does not withdraw your petition and does not notify la migra there's no way for them to know that you've been terminated. Then you can find another job and notify USCIS after 180 day period has expired. If they do not ask for your paychecks you'll have no problem with your 485. Needless to say it's a fraud and grounds if you get caught for some major, as you put it, - "reamin"
 
I hear one possibility: part-time H1B,

I can keep the position by the current employer, take a leave without payment and work for the second job.


Is this risky?
 
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