procedure for notifying USCIS of job change

N

NIW_Engineer

Registered Users (C)
Hey all,

I had my I-140 based on NIW approved about a year ago, and filed the I-485 almost 9 months ago. Have not heard back from USCIS and don't expect to in ages due to the name check.

I'm a post-doc at a government lab that initially sponsored my H-1B, and my appointment will expire soon. I've already lined up employment with a company and I'll show up there with an EAD from the pending I-485.

I know I have to notify USCIS of this change, and convince them that the field of work is similar. The question is, is there a form for this? Or should I just send them a letter saying that I had to leave my current employer and that I'll be doing very similar work for a private company? I plan to accompany this notification with a letter from the future employer describing the job duties with words very similar to those I used in the I-140. If I do this... will this be all USCIS needs to verify that the new employment is indeed very similar?

By the way, is the USCIS interview scheduled before or after the FBI name check? I ask because I have been fingerprinted but not invited for interview yet, even though I-485 has a nine month old receipt date (outside processing time for TSC).


Thanks!
 
yes, I think with an EAD you are pretty much free to work for any employer as long as it is within your field
 
lynn82 said:
...as long as it is within your field
Click to expand...

OK, how do you go about showing that?

With a letter from the new employer would be my best guess. Do you have to show this before taking the new job? or only later if asked?
 
NIW-Nov 04 said:
...there are no legal regulation of sending such letters to USCIS after you have changed your job.
Click to expand...

Thanks Nov04, I imagine then that there is an official document somewhere that
(fails to) mention this specifically?
 
Hey Nov04, sorry about the confusing wording :)

I guess I'm just trying to find out how come you know for sure that there is no legal requirement to notify of a job change while I-485 (based on NIW I-140) is pending unless you know of some USCIS guidelines that fail to mention anything about it.

I mean, c'mon, If I leave my current job and set up a hot dog stand do you think it is still in the national interest? It only makes sense that you have to prove your new job is similar to what you were doing when I-140 was approved, no?

Thanks
 
NIW-Nov 04 said:
You can have that employer letter with you in hand just in case if there is an issue in future during I-485 approval but once again there are no legal regulation of sending such letters to USCIS after you have changed your job.
Click to expand...

What part of the above didn't you understand "NIW" Engineer. :rolleyes:
 
RFE about new employment

Dear NIW_Engineer,

It seems that (1) you are very eager to notify USCIS of your job change and (2) you are pretty sure that your new job would still be in the national interest.

I received RFE, after EB2-NIW approval and during the pending I-485 petition, that specifically asked me to prove that I had been working in the same area as I got my I-140 petition approved. I submitted an EVL from my employer along with couple of recommendation letters. This was about five months ago. I got my I-485 approved about a month after replying to RFE.

RFEs are for some number of petitioners and not for everyone. If you are lucky/unlucky, you will get a RFE. My suggestion to you is wait for the RFE. Of course, it would not hurt if you tell USCIS your new job in the meantime.

NIW_Engineer said:
Hey Nov04, sorry about the confusing wording :)

I guess I'm just trying to find out how come you know for sure that there is no legal requirement to notify of a job change while I-485 (based on NIW I-140) is pending unless you know of some USCIS guidelines that fail to mention anything about it.

I mean, c'mon, If I leave my current job and set up a hot dog stand do you think it is still in the national interest? It only makes sense that you have to prove your new job is similar to what you were doing when I-140 was approved, no?

Thanks
Click to expand...
 
Last edited by a moderator:
Nov04, Freemann

Thanks for your responses. It is my immigration attorney who insists on notifying USCIS before even starting my new job. I guess he's overly cautious.

Freemann, what's an EVL?
So for you, how long was it between I-140 NIW approval and receipt of that RFE? My I140 was approved almost 11 months ago and still nothing...
 
NIW-Nov 04 said:
Just in case...he is charging you money for this service then he is overtly smart to suck poor guy like you. "Just a thought"
Click to expand...


hmmm.... :confused:

Of course he will charge to work on and file this paperwork :mad:
 
There is no need to notify USCIS unless you get an RFE. I'm on a same boat and my lawyer told me the same. So, dont worry, but keep that letter handy just in case...
 
Evl

Dear NIW_Engineer,

EVL is for Employment Verification Letter. I got my I-140 approved 07/2005 and received a RFE letter 08/2006. If your case is behind the processing timeline published on the USCIS website, I suggest that you call the 1-800 number to place an inquiry. Good luck!


NIW_Engineer said:
Nov04, Freemann

Thanks for your responses. It is my immigration attorney who insists on notifying USCIS before even starting my new job. I guess he's overly cautious.

Freemann, what's an EVL?
So for you, how long was it between I-140 NIW approval and receipt of that RFE? My I140 was approved almost 11 months ago and still nothing...
Click to expand...
 
Last edited by a moderator:
Thanks garemani, Freemann and Nov04.

I did recently place an inquiry with the customer service center... but I'm not sure what that does.
 
you donot have to inform the USCIS and is the duty of the previous employer ot notify USCIS that you no longer work for them (which I do not think they do).
I am also planning to change job in two weeks time, but the area remain the same.
 
garemani, Freemann, good_y and Nov04:

Do you guys know if there can be a time gap between the jobs? If so, how far apart can your official last day with employer A be from the start date with employer B? Assuming you stay in the US during that time.

Thanks,
 
You must log in or register to reply here.
Top