EB1-OR: Move from University to Industrial Research lab

R

raysaikat

Registered Users (C)
I am working at a University as a faculty member. My EB1-OR is sponsored by the University. The accompanying letter with I-140 lists teaching as a part of my job, along with doing research.

If I now move to an *industry lab*, which is very reputed (spin off of Bell Labs; 100's of researchers), can I port my EB1-OR application? In reality, the position will be better in terms of research activities (as well as higher pay), however, there will of course be no teaching. I did not claim outstanding teaching in the application.
 
No, you can't transfer. But just file another EB1-OR with the new research activities as background.
 
nscagony said:
No, you can't transfer. But just file another EB1-OR with the new research activities as background.
Click to expand...

I have applied under EB2-NIW by myself (university did not sponsor). I highlighted only the research (no teaching) in my application. Is it possible to leave the university and join industry while I-140 is under processing?

Thank you, in advance!
 
It is possible, but in case of rfe you will need to be able to proove that you are still working in the national interest. If you will work for a for-profit company it may be not easy.
 
For-profit companies do research that is the national interest. Just think of drug research. Worst case you can always file a new EB1-OR.
 
But drug companies rarely share their research results with scientific community and others, instead they protect their intellectual property via patents. That's why I thought this could be tricky to provide a convincing proof. On the other hand indeed, if they all stop working the nation would be left without drugs.
 
Dear All,

Thanks for your reply. Indeed, I will work for a drug company. If the company is willing to process a labor certification for me, is it possible to convert my recent EB2-NIW (which is connected with I-485) to a regular EB2 without submitting a new application.
 
imli,

This is what happened with me. I was with a University as a research associate post doc, and I left to the industry. I recently got my I140 approved, and now waiting to hear something about my pending I485. From my position in the industry, I continue to write papers, review papers, attend panels, etc....
 
I am also in the same boat , my eb1A 140 is approved and i received EAD, can i join the company and do research while 485 is still pending.
Thanks
 
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