Pending I-485 (NIW)- Change job

F

fprincen

Registered Users (C)
Hi everyone,

I need an advice. My I-485 is pending after NIW approval. I need to change job. I got recently an EAD because my potential new employer won't commit for an HI-B. I actually have a J1 visa for my current job. I am wondering if this employer change can jeopardized my I-485 application. If yes how?

Thanks for your help.

fp
 
fprincen said:
Hi everyone,

I need an advice. My I-485 is pending after NIW approval. I need to change job. I got recently an EAD because my potential new employer won't commit for an HI-B. I actually have a J1 visa for my current job. I am wondering if this employer change can jeopardized my I-485 application. If yes how?

Thanks for your help.

fp
Click to expand...
NIW is itself a strong rule. The changing job should not be a problem.
USCIS knows better.
 
Thanks for the answer. Do you known how bad the new job have to stick with the original NIW petition or if it is relativaly flexible at that point. Would I have to provide to the USCIS a new statement explaining the reason of this change and what my new position is all about?
Thanks
fp
 
fprincen said:
Thanks for the answer. Do you known how bad the new job have to stick with the original NIW petition or if it is relativaly flexible at that point. Would I have to provide to the USCIS a new statement explaining the reason of this change and what my new position is all about?
Thanks
fp
Click to expand...
In general, those who have "Labor Certifications" and employer petitioned for them must stick to "Same & Similar" jobs descriptions/salary structure while invoking AC21 to switiching new job/employer. NIW is a separate rule and gives the clearcut guidelines that you have to follow. It does not restrict you to switch jobs/employers but it expects from you that the services are in the field of your speciality/experties for which you are seeking adjustment of status.
In other words, I would say NIW is not the binding with employer but binding with profession of extra ordinary achievements. NIW is super rule and AC21 is a subset of NIW.
I have seen and observed many of us do not inform USCIS pro-actively or invoke AC21. It is better, at the time of AOS, if required, a letter of new employment would be enough.
I think it would help.
 
Thanks you are a great help. So in clear after I change, I should send to USCIS a letter from my new employer confirming that I would stick with my competence. That it? I also consider not to inform the USCIS, but it would be bad if they find out.
fp
 
fprincen said:
Thanks you are a great help. So in clear after I change, I should send to USCIS a letter from my new employer confirming that I would stick with my competence. That it? I also consider not to inform the USCIS, but it would be bad if they find out.
fp
Click to expand...
Do what you feel appropriate. Goodluck
 
i just had a phone interview yesterday and I'm in the same boat as you. One of the questions they asked was actually about what limitations there could be and I commented on the fact that I'm on H1B waiting for a pending 485. Because I sensed on the person's reaction that this was a disadvantage for me I went ahead yesterday and applied for work authorization. I saw some postings here where people suggest NIW holders to not change jobs as it may jeopardize pending 485 if the new job is completely unrelated to what the 140 was approved for. But since I've been applying for related jobs I went ahead and applied for work authorization so that, next time another interview comes and they ask if there are any restrictions I'll just say no since I have the EAD!


fprincen said:
Hi everyone,

I need an advice. My I-485 is pending after NIW approval. I need to change job. I got recently an EAD because my potential new employer won't commit for an HI-B. I actually have a J1 visa for my current job. I am wondering if this employer change can jeopardized my I-485 application. If yes how?

Thanks for your help.

fp
Click to expand...
 
but do we guys with I-140 via NIW or EB1EA have to wait for 180 days....????

Dr. Silva congrats on getting an interview... Any guess when will we be getting EAD?? NOV/DEC???
 
NIW is not dependent on jobs, so we don't have to wait 180 days to change. but, we have to make sure it's a job in the same area since technically, our 140 was aproved based on a specific skill. we can't get aproved for science and then change jobs to go work for Best buy! :D

With regards to EAD, your guess is as good as mine! :confused: From what i've been reading here though it seems that it's been taking under 2 months. Unfortunately as I mentioned before, I made a mistake with my name (I put last where first was and vice versa!). I called today to have it fixed. hopefully because I did it just one day after i submited the application online it won't cause further delays.

Good luck to us!!!


feelinglucky said:
but do we guys with I-140 via NIW or EB1EA have to wait for 180 days....????

Dr. Silva congrats on getting an interview... Any guess when will we be getting EAD?? NOV/DEC???
Click to expand...
 
That how I felt too. You better have an EAD. I understand that changing job can jeopardize pending I-485 if it's not related to the NIW petition. The real dilemma is how far can you get from the initial petition. Because it's actually difficult to get the exact same job definition. It seems to me that at some point there is no definitive answer to that. For my part I will try the best to justify my change and hope that the reviewer officer will agree which is I have to admit a bit scary.
 
You must log in or register to reply here.
Top