Say that my EB1-OR application petitioned by my university department is approved and my I-485 has been pending for 180 days. I now get a great job offer from a company as a Senior Scientist in their R&D department. The work is basically the same as in the university byt the pay is 2x. Can I take the job offer without interupting the I-485 process, or do I have to start from scratch again?
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EB1-OR/I-485 portability
- Thread starter shrimp71
- Start date
leroythelion
Registered Users (C)
shrimp71 said:Say that my EB1-OR application petitioned by my university department is approved and my I-485 has been pending for 180 days. I now get a great job offer from a company as a Senior Scientist in their R&D department. The work is basically the same as in the university byt the pay is 2x. Can I take the job offer without interupting the I-485 process, or do I have to start from scratch again?
In theory, you should be able to move. The risk is that the powers that be at the USCIS have yet to issue an guidance on I-485 portability. The sad part about the whole thing is that the law allowing portability was passed while Clinton was still president.
I would scan the I-485 forums for similar stories and also consult with a lawyer. The consequences are too great for some bad internet advice.
Brian
Hi:
From what I gather:
Your situation might be eligible for AC21 portability.
Where one can port to another job provided the I-140 is approved (while this is not explicitly mentioned in the AC21 rules, attorneys advice the approval of I-140 before moving on -safe bet).
The employer "cannot" revoke your I-140 once its approved. But make sure you make a smooth transition to avoid retort from slave drivers.
Personally I think it would be better if you stick to the same geographical location (you might want to consult an attorney if you were to move out) - i.e. take care of future correspondence between you and USCIS.
I am looking forward to a similar transition in the near future provided my I-140 is approved.
Good Luck!
From what I gather:
Your situation might be eligible for AC21 portability.
Where one can port to another job provided the I-140 is approved (while this is not explicitly mentioned in the AC21 rules, attorneys advice the approval of I-140 before moving on -safe bet).
The employer "cannot" revoke your I-140 once its approved. But make sure you make a smooth transition to avoid retort from slave drivers.
Personally I think it would be better if you stick to the same geographical location (you might want to consult an attorney if you were to move out) - i.e. take care of future correspondence between you and USCIS.
I am looking forward to a similar transition in the near future provided my I-140 is approved.
Good Luck!