NIW and job change?

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Fgsilva

Registered Users (C)
OK, I did a search and I could not find anything. Are people with approved NIW petition also required to wait the 180 day period while I-485 pending to change jobs?

Thanks!
 
No, you can relocate. But the only imp things to stay in the "same or similar field" in case you get a RFE on this issue. AC21/180 days is for labour condition based candidates. For NIW labour is waived.
 
Thanks for the reply. I should have also added that I'm currently on an H1B visa working for a University (Visa good till 01/08). I'm looking into jobs in private companies. These companies WILL NOT apply for another H1B visa for me. So, can I just apply for a work permit I-765? What about the fact that I showed the H1B and everything already in my I-485 application? Thanks for any further comments!


NIW-Nov 04 said:
No, you can relocate. But the only imp things to stay in the "same or similar field" in case you get a RFE on this issue. AC21/180 days is for labour condition based candidates. For NIW labour is waived.
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Q. So, can I just apply for a work permit I-765?
Ans. Yes

Q. What about the fact that I showed the H1B and everything already in my I-485 application?
Ans. Doesent matter. You can stay and work as long as same or similar is applied. It is a risk only if your I-485 is denied. Is such case you would accrue illegal stay in USA which is a big problem for future. I-485 could be denied if USCIS finds out that you are NOT doing the job for which you obtained NIW. NSC frequently sends such RFE to especially to NIWers.


Thanks for any further comments.

No problem
 
Great! Thanks. actually the jobs I'm considering applying are in private companies and are in the same general area I am right now. It's not EXACTLY the same job though, but it's nothing like having an NIW based on molecular biology and then getting a job at Best Buy! :D

In the end though I'm still probably gonna have to wait 2-3 months for the work permit to be approved since I didn't send it with my I-485 (yep that was dumb of me!).

Thanks again for the replies!


NIW-Nov 04 said:
Q. So, can I just apply for a work permit I-765?
Ans. Yes

Q. What about the fact that I showed the H1B and everything already in my I-485 application?
Ans. Doesent matter. You can stay and work as long as same or similar is applied. It is a risk only if your I-485 is denied. Is such case you would accrue illegal stay in USA which is a big problem for future. I-485 could be denied if USCIS finds out that you are NOT doing the job for which you obtained NIW. NSC frequently sends such RFE to especially to NIWers.


Thanks for any further comments.

No problem
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well, I had called USCIS yesterday and the person I spoke with pretty much agreed with what you said below.

Now, even if I don't change jobs but still apply for employment authorization, will that have a detrimental effect on my H1-B visa for my current job? I would think not since my H1B has been approved and it's valid anyway. I'm thinking about sending the I-765 anyway in case something else comes along in a private company which won't sponsor me another H1B.

Now, with the employment authorization could I continue my current job and for example, take a night job teaching in my field at a community college?

I'm quite confused. I want to explore other job possibiliteis but I also don't want to do anything to jeopardize my I-485 or my current H1B status.


NIW-Nov 04 said:
Q. So, can I just apply for a work permit I-765?
Ans. Yes

Q. What about the fact that I showed the H1B and everything already in my I-485 application?
Ans. Doesent matter. You can stay and work as long as same or similar is applied. It is a risk only if your I-485 is denied. Is such case you would accrue illegal stay in USA which is a big problem for future. I-485 could be denied if USCIS finds out that you are NOT doing the job for which you obtained NIW. NSC frequently sends such RFE to especially to NIWers.


Thanks for any further comments.

No problem
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:confused: :confused:
 
Well, I'm just exploring the possibilities. I don't want to lose the opportunity for a permanent job (I'm currently a post-doc only) if it appears. I just want to make sure that, by applying for a employment authorization (even though I may not use my EAD card) won't damage my current H1-B. Talking with other people it seems that, only if I use my EAD (i.e., get a new job) I'll lose my H1B status.
As for the 485 being cleared in 6 months, are you sure? I saw the dates for NSC for I485 and they're still stuck in sept/05! :eek: Unless they send my application to another center, I can't see them being done in 6 months! :(


eldhon said:
why can't you wait till your 485 cleared? It may be done in 6 months time.
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You are correct, as long as you are not using your EAD, you wouldn't lose your H1B. I know that for fact as one of my colleagues is still on her H1B and currently extending it for the 2nd term while she has an EAD with approved I-140 and I-485 still pending. So there's no harm in getting EAD. But it would be good idea to use that as the last option for a permanent job. Try to get H1B first.
 
well, the company I'm insterested in I already know won't apply for H1B. and I think that will be the case for most companies as they don't want to deal with the hassle of preparing all the documentation for the visa.


eb1a-query said:
You are correct, as long as you are not using your EAD, you wouldn't lose your H1B. I know that for fact as one of my colleagues is still on her H1B and currently extending it for the 2nd term while she has an EAD with approved I-140 and I-485 still pending. So there's no harm in getting EAD. But it would be good idea to use that as the last option for a permanent job. Try to get H1B first.
Click to expand...
 
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