Outstanding Researcher I-140 Was Approved and Changed Job

 

Dr. William:

My self-petitioned outstanding researcher I-140 was approved and I filed I-485 three months ago. 

Now I changed my job with a new H1B in exact same field. Are there any risks down the road for I-485 if my former employer is willing to cooperate with any RFE? 


A:

The EB1-OR I-140 petition is employer sponsored and it is not portable (this is different from EB1-EA and NIW). The USCIS adjudicator may regard a change of employer as invalidating the original EB1-OR approval. According to new USCIS rule and AC-21, an I-485 applicant may change jobs after 180 days of I-485 approval. But in your case, you do not meet the criteria. It is possible that the USCIS will ask you to file a new I-140 (It depends on the individual officer).

Also, you should not take the risk to ask your former employer to ”cooperate” with any possible USCIS RFE for your current real employment situation.

 

     

 

 

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