Urgent!! Please clarify this! Thanks!

I

intuse2001

Registered Users (C)
Hi, my I140 EB-1 OR was approved and I am ready to file I485. Now I got an offer from a university (now I work in a company). my question is:

1. Can I apply for I140 EB-1 EA by myself now (just give a try since it is not employment based and I can swtich to other field) and at the mean time, I use my old I140 approval notice to file I485. If my second I140 petition (EB-1 EA) is approved, can I do a replacement and continue to use old I485 priority date? If someone know this, please advice.

2. If I don\'t do anything, just wait for the approval of I485 and then change job. Is that ok? Someone said I have to stay with my current job at least half a year even after I485 is approved. Is that right?
 
I was in the same position

Hi, my I140 EB-1 OR was approved and I am ready to file I485. Now I got an offer from a university (now I work in a company). my question is:

I waited until 180 days after I485 filed and then I changed
from industry to Academia, so our cases are a little different.

1. Can I apply for I140 EB-1 EA by myself now (just give a try since it is not employment based and I can swtich to other field) and at the mean time, I use my old I140 approval notice to file I485. If my second I140 petition (EB-1 EA) is approved, can I do a replacement and continue to use old I485 priority date? If someone know this, please advice.

Yes, you can. However, you may get the University to file a new EB-1
OR for you even though you don\'t work for them. The GC is for
a future job and you meet the requirements.

2. If I don\'t do anything, just wait for the approval of I485 and then change job. Is that ok? Someone said I have to stay with my current job at least half a year even after I485 is approved. Is that right?

You can wait for the approval, but it could take 9+ months.
Better to file for the I485, wait 180 days, transfer to new
position.

Do you hold a Ph.D?
 
Thanks for your answer! I do hold a PhD. Why? Does that influence

anything?

Some people told me that the 180-day rule is only appliable for those whose future job is related to your current job function. And the salary should be comparable. If switching to academia, for sure, it is different from working in industry and also lower pay. Did you get your green card now? Any question from INS? Did you stay in the same district where you filed I485? If I take the offer, I am going to move out of CA and don\'t know if it will have any bad influence.
 
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