NIW by employer

wyn

Registered Users (C)
I did my 140(NIW)/485 concurrent filing through my employer. Is there any advantage over self-petitioned NIW? Also do I have to stay with the employer for half a year after the approval? If I leave my current employer before the approval, do I have to file 140(NIW)/485 again? I just sent out everything last Thursday (4/7/2005) by overnight Fedex. When should I get the notice of receipt? Thanks for your kind answers.
 
1) No particular advantage of employer sponsored NIW versus self-petitioned NIW. However, if at all anything, it will only help.

2) As long as your new job is in the same area, you can change employers after your 485 is pending for over 180 days. This applies to labor based petitions too. In your case, it can only be easier to change employers.

3) Expect a receipt notice in anywhere from 1-4 weeks time. Most likely in 1-2 weeks.
 
Thank you very much, pamit73!
If I change employer BEFORE 180 days of pending 485, what will be the outcome ?
If I change employer AFTER 180 days of pending 485, do I have to file 140(NIW)/485 again even if the job is still in the same area?
Thanks a lot.
(This year is just the 2nd year of my H1B visa)
 
1) Before 180 days is probably not a good idea. However, since no labor is required in your case, it might be ok. Not really sure on that one.

2) After 180 days, should be perfectly fine. No need to refile 140 or 485. May however need to inform USCIS about invoking AC21. Exact details of doing that, like with regular EB2 and EB3, should be available in the forum.
 
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