Should I notify the service center of my change?

B

blueblack

Registered Users (C)
Hi, Everyone,
This is really a wonderful place to get knowledge of immigration issues. I filed my I-140 (NIW) in August 2003 and an concurrent I-485 in April 2004. In July 2004, I changed employer and have not formally notified I-485 office yet. And in October, my spouse filed her I-485 based on my I-140. In Feberuary 2005, we did walk-in fingerprinting in the new state (under same service center). In March 2005, my I-140 was approved after a long wait. I enjoyed the approval of I-140 for one day and then started to get anxious about the I-485. Since I am in NIW, do I need to formally update my change of employment with the INS and state that the new position is in a similar field?
Thank you,
Blueblack
 
layperson opinion

blueblack said:
Hi, Everyone,
This is really a wonderful place to get knowledge of immigration issues. I filed my I-140 (NIW) in August 2003 and an concurrent I-485 in April 2004. In July 2004, I changed employer and have not formally notified I-485 office yet. And in October, my spouse filed her I-485 based on my I-140. In Feberuary 2005, we did walk-in fingerprinting in the new state (under same service center). In March 2005, my I-140 was approved after a long wait. I enjoyed the approval of I-140 for one day and then started to get anxious about the I-485. Since I am in NIW, do I need to formally update my change of employment with the INS and state that the new position is in a similar field?
Thank you,
Blueblack
Click to expand...

If NIW is employment based (ie physician in healthcare shortage area) then you should consult an attorney. If NIW is not as above, I do not think you need to do anything unless you get an RFE. I switched jobs after 140 eb1ea approval but before 485 approval. I was informed by my attorney I do not have to do anything. I did get 485 RFE wich asks that you are still in the same field (as what the 140 was based upon) and that you will continue to do the same.
Best Wishes
 
does it delay your approval

Hi, layperson opinion
Thank you for your information. In fact, I am not in the physician in healthcare shortage area category, but I think all NIWs are considered as EB2, so they are employment based. Did your RFE delay your approval? BTW, what is the time frame for your case?
Blueblack
 
I do not think its Employment based (unless healthcare shortage) ... the NIW/EB1EA criteria is very similar (not entirely however). Did your original employer petition for you? If not, than its not employment based (thats my understanding), but "self petitioned"....and you need not inform any one of any employer change (as I understand). You might get a straightforward RFE (whether or not you switched employers, about work still being in the same area ie area of indicated National Interest, and continues to be the same in future). My RFE was last week .. just replied this week. Usually its toward the end of the tunnel. 'Am keeping my fingers crossed.
BTW, note that RFE was not generated because I switched employers (they would'nt know anyways, unless I had sent something to them as you are contemplating now!!!). 485 RFE's are more routine than others ... and usually not as frightening as 140 RFE's !!!!!
 
Will they know from my address change?

Hi, rdip,
Thanks for the detailed info. Since I have updated my address with them, are they going to know I switched employer?
Best wishes for you!
 
Switching employers with NIW is not an issue .. as long as you continue to work in the same field as what the underlying 140 approval was based on. You have to update your address if you are to receive your mail (including from INS !!) and you are required to file AR11 within 10 days of the move...so its good that you informed them of your address change. If you have to worry about your petition ...atleast do not worry about this issue.
BTW, are you still in the same jurisdiction (under the same service center jurisdiction)....if not, there is a possibility of the case eventually being transferred to your local office/interview (which is not necessarily a bad thing)
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above is personal non-legal opinion
 
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