Switching jobs under NIW with approved I-140

D

docin

New Member
Hello Everyone, thank you all so much for the valuable advice each of you provide on this site.

I have finished my 3 yr J1 waiver this month (8/2005). My I-140 through NIW has been already approved( 6/2005) and and I got my EAD and parole paper. I am switching to a new job which also falls under an MUA. I have got a letter from the state dept. of health in support of my NIW petition for the new job.

Can anyone advice me : 1. What documents should I get from my current employer before I leave the current job ?

2. Since my I-140 has been already approved, do I need to file a new one or send an addendum to the already approved petition ?

Thank you again.
 
Niw

Firstly congrats! Quite an achievement.
I think if you have no further contractual obligations to your current employer you should be fine. It always is good to maintain a good relationship with them until you get your card.
I think you do have to file an addendum to your approved I-140 every time you change jobs.
BTW can you tell us when you filed the NIW/140, from which region and did you self petition?
I am in a similar situation but filed my NIW/140 more recently after realising ALC/140/485 is a pipe dream.
Thanks.
 
My NIW/I-140 was filed on 6/2004 at Nebraska Service Center and got approved on June/2005. Now it is taking even less time; a friend of mine filed the same at NSC on January/2005 and got approved on August/2005.
 
How did you get out of the 5 year contract

Congrats on your success.

How is it that you do not have a contractual obligation for 5 years to your employer. Isnt that a requirement before Physician NIW can be filed. How did you get out of that contract.
 
Hi Docin,

Do you plan to pursue PERM/140/CP once you change jobs. At this time it seems like that may be an even faster route than the NIW. By the look of it PERM for docs in HPSAs/MUAs is pretty smooth, 140 in EB2 is about 10 mths at the NSC. Of course the potential EB2 retrogression is an unknown. Let me know what you think.
I am in a similar dilemma and not quite sure how to proceed.

POSMD
 
similar situation

dear DOCIN
i am in a similar situation, can i pm you or email you , appreciate your input
 
Yes, I did have a five yr contract with my current employer, but had the provision to get out of it by giving a notice with adequate time.
I do have an ALC pending since May2003 at the NCS but have not heard anything about it so far. I believe, for me the NIW would be a faster route as I have already applied for the 485 and my lawyer says that that adjudication time for 485 will remain same even if I switch jobs and file an addendum to the already approved I-140.
 
PERM option

Hi Docin,

I just realised how similar our situations are. I also just finished my J1 waiver last month. I have a NIW/485 petition pending as well as an ALC albeit about a year behind yours(also at the NSC).
Now it is hard for me to say anything without knowing how your current job conditions are and what your new opportunity is like, but here is a little food for thought.
If we convert the pending ALC petition to PERM, then potentially LC could be completed in about 6 months. If then a 140/CP is filed, i am hearing that those 140s are being adjudicated rather quickly at the NSC, this looks like it might lead to the card faster. EB2 retrogression should not be a problem with you given your priority date in May 2003.
I too am thinking of this option now as though the NIW is in the oven, by the time we actually get card in hand may be another 3 yrs yet!
Let me know your thoughts.

Posmd
 
Dear Docin and others in similar situation...

i am curious,

1-did your contract have a language where one or both parties could terminate the contract 'with cause' or 'without cause'. If it was termintion 'with cause' what cause did you provide.

2-how much notice period was required.

3-Did you have to hire an attorney. Did your attorney help you formulate your written letter for termination of contract.

Thanks.
 
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