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Change Job after NIW approval and Before I-485 Application

Hi William:

As a researcher in a university, my I-140 NIW self-application has been approved. Thank you very much for your help and your excellent NIW DIY package.

I can not file the I-485 application at this time due to the visa number unavailability for aliens in my home country. Because of the reason of funding, I need to change job next month. The new job will be paid about $6,000 higher salary, and it is a job little different from the current one. Do you think that the job change will be OK for my approved I-140 and my I-485 application in the future?


The USCIS adjudicators will not deny the Form I-485 application for the job change because of the wage difference, unless there is a substantial discrepancy between the current and the new wage. In the event that the adjudicator finds such a substantial discrepancy, they are permitted to relook at the new employment to see whether it is indeed a same or similar occupational classification, even if the position generally falls under the same or similar classification.

For instance, if the current job is limited to duties of technical performance, but the new job is a manager focused on managerial function performing administrative and managerial functions rather than technical duties, such new job may be classified as a different classification of a "manager", which generally falls under a separate DOT and/or SOC code. In such case, the adjudicator may deny the I-485 application, not because of the wage difference but because of the potential different occupational classification.

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