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EB1-outstanding researcher
- Thread starter mimihu
- Start date
Originally posted by mimihu
I applied for GC under EB1-OR as a research scientist in a university. If I later change job and work as an engineer in company(180 days after I-485 filing, of course), would that affect my I-485? Do I have to be a researcher always before I-485 approval?
I am pretty certain that changing your field of employment is a very risky proposition before approval of I-485.
I don't mean to change the field. I am planning to work in industry in the same field in the future, but basically doing consulting and design, instead of doing research in the same field as in the university. In this way, the title or the function of the position is different, but still in the same field. Is this gonna cause any problem? Thank you for your kindly advice.
Originally posted by mimihu
I don't mean to change the field. I am planning to work in industry in the same field in the future, but basically doing consulting and design, instead of doing research in the same field as in the university. In this way, the title or the function of the position is different, but still in the same field. Is this gonna cause any problem? Thank you for your kindly advice.
In my opinion, this is still risky. You should be very careful not to misrepresent what you are saying to USCIS (i.e. creative writing). Consult your attorney - techinically, you should remain in the exact same job description you filed under until your GC is approved. Infact, people recommend not changing jobs for atleast 6 months after GC approval.
In summary I feel that it is important to maintain your job description (since you will have described this during your EB-1 filing) rather than just maintain your employer/field. Ofcourse if your EB-1 filing did not include a detailed job descripton, then changing to another job description should not be a major issue.
My opinion.
Originally posted by Zaye
techinically, you should remain in the exact same job description you filed under until your GC is approved
This probably has to do with the fact that my petition was handled by an attorney, but where does the job description figure in here? I was never asked to prepare one. I don't think you're wrong, mind you - there's always something to expect from the INS, but there's probably no need to walk as straight and narrow as in the the case of LC-based applications,
einstein55
New Member
same boat as mimihu?
I read with great interest the thread started by mimihu, with whom my situation might be identical. I don't remember now if I filed under EB-1; all I know is that my I-140 petition with a National Interest Waiver (OR also, I think) was approved last month. Since my I-485 could now be filed simultaneously, the filing date for the I-485 is the same, in Jan 2003. My question is the same as mimihu. Am I stuck in my current job, doing the work I described in my I-140 petition? My attorney -- who is EXCELLENT -- has addressed my question, but not to my satisfaction or peace of mind. My particular concerns are twofold: (1) I am a postdoc, a temporary position, so I do NOT have all the time in the world to wait for my GC. I am now in a federally funded research lab, but if I am forced to leave (between one to two years from now) I would go for a university position. My attorney says I'd be OK as long as I keep doing research in the same field AND do more research than teaching. I am anxious because I don't know how INS will analyze my situation, how strict, how thorough or well informed will they be? ALSO: (2) If this processing backlog continues, the "national interest" in my work could fade during that time -- a natural occurrence in any field of science but bad news for me!! What if the country is no longer prioritizing my field when my GC is ready?
I already signed that backlog petition. This government needs to treat migrant quality scientists and professionals better, I think. But I have a wife and three kids here with me, so these issues have been keeping me up at night. So any comments you guys can give would be helpful. What would be GREAT, though, is if at least one of you knows someone who is in the same exact situation as myself, or better yet WAS in the same situation and STILL got a GC in the end!!
I read with great interest the thread started by mimihu, with whom my situation might be identical. I don't remember now if I filed under EB-1; all I know is that my I-140 petition with a National Interest Waiver (OR also, I think) was approved last month. Since my I-485 could now be filed simultaneously, the filing date for the I-485 is the same, in Jan 2003. My question is the same as mimihu. Am I stuck in my current job, doing the work I described in my I-140 petition? My attorney -- who is EXCELLENT -- has addressed my question, but not to my satisfaction or peace of mind. My particular concerns are twofold: (1) I am a postdoc, a temporary position, so I do NOT have all the time in the world to wait for my GC. I am now in a federally funded research lab, but if I am forced to leave (between one to two years from now) I would go for a university position. My attorney says I'd be OK as long as I keep doing research in the same field AND do more research than teaching. I am anxious because I don't know how INS will analyze my situation, how strict, how thorough or well informed will they be? ALSO: (2) If this processing backlog continues, the "national interest" in my work could fade during that time -- a natural occurrence in any field of science but bad news for me!! What if the country is no longer prioritizing my field when my GC is ready?
I already signed that backlog petition. This government needs to treat migrant quality scientists and professionals better, I think. But I have a wife and three kids here with me, so these issues have been keeping me up at night. So any comments you guys can give would be helpful. What would be GREAT, though, is if at least one of you knows someone who is in the same exact situation as myself, or better yet WAS in the same situation and STILL got a GC in the end!!
Bystander6
Registered Users (C)
If I have two approvals of I-140s like you and mimihu, I would do the following.
1. File I485, AP & EAD with one of the approved I-140.
2. File CP with another approved I-140.
3. Use AP to come back to USA if the interview of step 2 fails.
You might get GC in 6 months (through CP process).
I am not sure if there is any legal barrier of doing this. Please check with your lawyer to see if this is feasible.
Good luck!
1. File I485, AP & EAD with one of the approved I-140.
2. File CP with another approved I-140.
3. Use AP to come back to USA if the interview of step 2 fails.
You might get GC in 6 months (through CP process).
I am not sure if there is any legal barrier of doing this. Please check with your lawyer to see if this is feasible.
Good luck!