Would changing my job affect my I-485 application?

buffaloNY

New Member
I am currently doing research in a university with H1 visa. In Dec. 2004, my university sponsered an I-140 application based on Outstanding Researcher (EB1-1B) on my behalf. My I-140 application was approved in Aug. 2005. I submitted I-485 in Dec. 2004 and it is still pending because of name check.

I am looking for jobs and may be hired by a company as a researcher. The research area in the company will be the same as the one I am working on in the university. As my H1 visa allows me to work in non-profit organisations like universities only, so I am not allowed to work in a company with my current H1 visa. I am thinking of applying for EAD to be able to work in the company. I know that according to AC21, I am allowed to change jobs six months after I submit I-485. But I have two concerns. My I-140 (EB1-1B) application requires that I hold a permanent job. If I quit my current job and work in a company, would USCIS reject my I-485 application because I do not keep this permanent job? Also I am worried that my current employer would withdraw my I140 application.

Thanks a lot. Any reply would be appreciated.
 
buffaloNY said:
I am currently doing research in a university with H1 visa. In Dec. 2004, my university sponsered an I-140 application based on Outstanding Researcher (EB1-1B) on my behalf. My I-140 application was approved in Aug. 2005. I submitted I-485 in Dec. 2004 and it is still pending because of name check.

I am looking for jobs and may be hired by a company as a researcher. The research area in the company will be the same as the one I am working on in the university. As my H1 visa allows me to work in non-profit organisations like universities only, so I am not allowed to work in a company with my current H1 visa. I am thinking of applying for EAD to be able to work in the company. I know that according to AC21, I am allowed to change jobs six months after I submit I-485. But I have two concerns. My I-140 (EB1-1B) application requires that I hold a permanent job. If I quit my current job and work in a company, would USCIS reject my I-485 application because I do not keep this permanent job? Also I am worried that my current employer would withdraw my I140 application.

Thanks a lot. Any reply would be appreciated.


According to AC21 you can change job after 6 months of pending I485 even if I140 is revoked. You have to make sure USCIS is notified of the job change before I140 is revoked. Check AC21 forum for more details
 
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