questions about I-140 (NIW), 180-day-rule and job change

A

afarnti

Registered Users (C)
Hi, I just file I-140 under NIW catergory in January. I am currently a postdoc and I hired a lawyer to file the application on my own. My attorney has been trying to convince me not to file I-485 until 140 is approved. However, I really want to file I-485 as soon as possible since everything seems to be moving very slowly lately. There is one question that I hope someone who has had similar situation can help to clarify. thank you very much.

My laywer said that I can change job anytime as long as it is the same field because I filed I-140 under NIW self-petition. (Is this true?) However, she claimed that I might not be able to change job if I file I-485 before I-140 is approved (she said "nobody is clear"). I understand from reading previous posts that AC21 allows one to change job if (1) I-140 is approved; and (2) I-485 has been pending for over 180 days. How does this apply to I-140/485 concurrent filing? In particular, since I am filing under NIW, my petition is not tied to my current employer. Does it mean that I can change jobs whether I-140 is approved or not and whether I-485 has been pending for 180 days or not?

Any input is greatly appreciated. good luck to you (and me) all who are still struggling. :)

Afar
 
your lawyer is right

in NIW, you can change jobs as may times as you want. if you apply 485 and change using ead and if 140 gets approved later >- no problem.
but NIW and eb1/ea have a greater chance of 140 rfe/denial as these require a more stringent criteria than regular 140.
if such a thing happens, then you would be out of status as the ead would not be valid.
so your lawyer is right in recommending not to change jobs until 140 is approved. if however, you get another H1, then it should not matter.
technically one doesnt even need to be employed but this holds true after 140 approval.
hope this helps.
 
My laywer said that I can change job anytime as long as it is the same field because I filed I-140 under NIW self-petition. (Is this true?)

IF you argue the "critical role" in your project in I-140 petition, that is not good.
 
as self petition it does not matter

this is because one needs to show the area of work to be of substantial merit, field of work to be national in scope and you being asked to do LC would affect national interest.
the third part itself implies an important role of an individual in what he is doing or did.
but since their is waiver of requirement of job offer, one doesnt have to stick to their job.
 
thanks a lot

thanks a lot, ag28 and xiongch2002. :)

Your replies really clarify things up for me. Basically, in NIW petition, technically one is not tied to any particular employer no matter what (for example. whether 140 is approved or not; whether 485 is filed or not; whether 485 is filed for under 180 days or more than 180 days; etc). However, the fact that one changes his/her current job (i.e., stop to work on current "important" projects) might have some impact on establishing the case, in particular, when a RFE is generated. Am I right?

Are you guys aware of any effect on 140 approval/RFE/denial of filing 485 before 140 is approved? Thanks again for your inputs.

Afar
 
file 485 or not?

hi, ag28, when you said "your lawyer is right", did you refer to the job change part only? Do you also agree with her that I should not file 485 until 140 is approved?

Other than the possibility of wasting the fees, is there any disadvantages to file 485 now?

thanks a lot.
 
job change only

its risky before 140 is approved. you can apply 485 any time. keep the ead/ap without using them until 140 approval.
hth.
 
Re: thanks a lot

Originally posted by afarnti
thanks a lot, ag28 and xiongch2002. :)

Your replies really clarify things up for me. Basically, in NIW petition, technically one is not tied to any particular employer no matter what (for example. whether 140 is approved or not; whether 485 is filed or not; whether 485 is filed for under 180 days or more than 180 days; etc). However, the fact that one changes his/her current job (i.e., stop to work on current "important" projects) might have some impact on establishing the case, in particular, when a RFE is generated. Am I right?

That's what I mean.
Are you guys aware of any effect on 140 approval/RFE/denial of filing 485 before 140 is approved?

Filing the 485 has no effect on 140. In some service center like TSC, filing 485 can accelerate their touching on 485.


Thanks again for your inputs.

Afar
Click to expand...
 
thanks

I see. thank you very much for your replies.

I am not planning to use AP/EAD before I-140 approval. The main purpose is to speed up future I-485 processing by get in the line earlier. I-485 is processed mainly in order of the filing date. right?
 
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