EB2 NIW & Change of employers

[balasujs]

Hi Folks,

Needed some advice on my EB2 NIW situation

EB2 NIW filed at CSC
Apr 2005 I-140 approved
Sep 2005 I-485 applied

Case moved to NSC (nebraska service center)
July 2007 changed to employer #2
July 2007 RFE recd and responded
Apr 2008 Changed to employer #3

Are there any other guys who are waiting on EB2-niw from NSC center around my dates. With approved I-140, does INS frown on job changes if it is well over 6 months of I-485 filing? Look forward to hearing from you.

Regds,
JB

 

[jk0274]

NIW doesn't require a job sponsor, so unlike labor certification cases, you are not tied down to an employer and you don't have to worry about the 6 months timing or whatever. However, USCIS does have the right to ask if you are still working in the same field of national interest that your I-140 was approved under. If they issue such an RFE for your I-485, you'll have to provide evidence (usually just employment verification and job description).

 

[nscagony]

NIW doesn't require a job offer, so its ok to prove you are still working in the same field. Additional publications since you submitted the petition for example. They never requested this from me, but my concurrent I-140/I-485 were approved in 10 month or so. They might ask you if you are retrogressed and your I-140/I-485 were filed years ago. My lawyer mentioned NSC challenging approved I-140/NIWs at the I-485 stage.