Working as 1/2 time RA when I-485 Pending as NIWer?

N

NIWGChope2006

New Member
Hi, Guys Please help:

I have my NIW I-140 approved and I-485 pending for more than 180 days. Now I was accepted into my dreamed graduate school starting this fall. Seeing the possibilty of REF for employment letter before I-485 approval, is my half-time RA employment good enough for this? Do I have to provide a full-time emplyment letter for my I-485?

My graduate study is in the same area as my working.

Advice please!! Thank you.
 
I don't know

I heard people said you need a full time job. But I also have a friend that, he went through labor cert, then i140 approval then I485 pending for 180 days. Then he got laid off after 180 days. Then he spent 7 monthes on EDA and looking for a job. Then he found a job and when he stayed in that job he went I485 interview and got his green card. My understanding is that USCIS doesn't care whether you works continuely or not after 180 days. The key is when they interview you you better have a similar job as the one you filed for your NIW. Also I heard that when you got nIW approval, you don't even need stay for 180 days for 485 pending. Not sure about if it is correct.
 
NIWGCHope2005,
You may want to check with an immigration attorney. While NIW and EB1-EA provides tremendous flexibility in terms of changing employers while I-485 is pending, I doublt that joining grad school as a full time student is an option.
The immigration officer may deem that you decided to abandon your proposed job description which satisfy NIW with your action to be a full-time grad student. I completely agree that if you do not have a job as stated in your I-140 petition during I-485 interview/RFE, it is very likely your green card petition will be denied.
 
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