things to do after the job change for pending NIWers

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forxp

Registered Users (C)
MY I-140 NIW was approved in Feb 05 anf filed I-485 in March 05. I-485 is pending till now. I got EAD several months ago.

As many people said, it is ok to change job if it is still in a similar filed as you claimed in I-140 form. Do I have to do anything else in addition to the file AR-11 and change application address???
If the new job location happen to be in a different service center, will it be transfered to the new center after the address is updated?

appreciate your comments. thanks!
 
Hi Forxp,
Just out of curiousity, are you still working in a similar area which can be categorized as "national interest"?
 
forxp said:
MY I-140 NIW was approved in Feb 05 anf filed I-485 in March 05. I-485 is pending till now. I got EAD several months ago.

As many people said, it is ok to change job if it is still in a similar filed as you claimed in I-140 form. Do I have to do anything else in addition to the file AR-11 and change application address???
If the new job location happen to be in a different service center, will it be transfered to the new center after the address is updated?

appreciate your comments. thanks!
Click to expand...
This posting from murthy might help!

The BCIS has not explained what happens to NIW cases under AC21. It is not clear if they enjoy additional privileges since an NIW job is exempt from the job offer requirement. To be on the safe side, it may be best to notify the BCIS of the new job since even the NIW applicant has to continue to show prospective national benefit to the U.S. with the NIW job. So, that burden should be satisfied in order to obtain the approval.
 
H1BGC007 said:
Hi Forxp,
Just out of curiousity, are you still working in a similar area which can be categorized as "national interest"?
Click to expand...

yes, I think so. it is in the same field. same skills will be used in a similiar field
 
eb1doc said:
This posting from murthy might help!

The BCIS has not explained what happens to NIW cases under AC21. It is not clear if they enjoy additional privileges since an NIW job is exempt from the job offer requirement. To be on the safe side, it may be best to notify the BCIS of the new job since even the NIW applicant has to continue to show prospective national benefit to the U.S. with the NIW job. So, that burden should be satisfied in order to obtain the approval.
Click to expand...

Thanks for your suggestion. personally, I don't think it is good or necessary to notify uscis about this. NIW is self petitioned and if you continue work in the similar area which means there is no change in your application. You don't have to tell them you changed employer since your application has nothing to do with the employer, only the technical field.
 
You are absolutely right. You dont need to inform USCIS abt job change. NIW or EB1-EA are two categories which are not employer sponsored. You just need to be working in similar field when you application is adjucated.
Raj
 
ForXP/Raj97,
Thanks!, another question: For NIW, I understand that one needs to be continue working in a "similar" field; how about EA? Does one still need to show "similarity" in the field??
 
in my opinion, if your new field is not too much different from the old one, you should be ok. you claim in your application you are better than anybody else in certain field. if you stay in that field, you should be ok.
in addition, I don't think uscis quite understand so many different fields.if you can technical related them together, you should be fine.
further, so many illegal immigration can work in us legally, why not educated legal people.
 
forxp,
Thanks, based on the discussions, I think it will be easier to "justify" similarity in the field if one plans to "link" I-140 approved in the EA category to I-485 as compared to demonstrating working in "national interest" in the new job! (if one plans on linking I-140 approved under NIW to the I-485 petition).

What do you think?
 
H1BGC007 said:
forxp,
Thanks, based on the discussions, I think it will be easier to "justify" similarity in the field if one plans to "link" I-140 approved in the EA category to I-485 as compared to demonstrating working in "national interest" in the new job! (if one plans on linking I-140 approved under NIW to the I-485 petition).

What do you think?
Click to expand...

if you have this option, i think so.
 
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