Dr. William:

My I-485 petition, based on employer sponsored I-140 approval, is pending, and I got a self-petitioned EB1-EA I-140 approval recently. Now, I want to change job in the same field and still keep my I-485 petition. In other wards, I want to replace the previous approved I-140 in I-485 application with my self-petitioned new I-140 approval. Can I do this?

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Answer:

Yes, you can change job. EB1-EA petitions are employer independent. You must notify the USCIS of the change in I-140. You should send USCIS a certified letter with return receipt, and include a copy of your new I-140 approval notice and your I-485 fee receipt notice. You need to let USCIS know that you wish to use the new I-140 to replace the old one. Once USCIS receives it, you may assume that USCIS has been noticed for the change.